California Employment Lawyer For Nurses

Nursing is one of the most highly competitive and demanding fields in California. It requires intense dedication, service, and ultimately, a desire to help those that can’t help themselves. Nurses play an integral role in California’s healthcare system, but the job is extremely challenging. Still, data from the California Employment Development Department (EDD) projects that the number of nurses will increase by 8.4% by 2026, the highest growth rate of any job in the state. On top of the daily challenges faced by nurses in California, they also continually face a range of employment-related issues. Whether it be discrimination, harassment, retaliation, wrongful termination, or wage and hour disputes, it’s important to understand that you have rights in the workplace.

Maison Law Stands Up For Your Rights

At Maison Law, we understand that nurses play a crucial role in our healthcare system and are often subjected to difficult working conditions. Our team of experienced California employment lawyers is here to protect your rights and ensure you receive fair treatment from your employer. We know that dealing with legal issues can be overwhelming and stressful, which is why we offer personalized and compassionate legal representation. Our lawyers will work closely with you to understand your unique situation and develop a strategy to achieve the best possible outcome. Contact us today to get started with a free consultation.

Nurses and Employment in California’s Healthcare System

Nurses play a critical role in California’s healthcare system, which is one of the largest and most complex in the United States. With a population of over 39 million people, California requires a significant number of healthcare professionals to meet their needs. Even with the demand being extremely high for nurses, entering the industry requires extensive training and education. At the same time, there is work where they provide direct patient care in a variety of settings, including:

• Hospitals
• Clinics
• Nursing homes
• Other healthcare facilities

Not only is there a variety of different employment options, but there is also a variety of different specialties in which a nurse can provide care. Thus, there are a number of different types of nurses in California, including:

• Certified Nursing Assistant (CNA)
• Licensed Vocational Nurse (LVN)
• Registered Nurse (RN)
• Nurse Practitioner (NP)
• Certified Registered Nurse Anesthetist (CRNA)
• Clinical Nurse Specialist (CNS)

While California’s healthcare system relies heavily on the expertise and dedication of its nurses, there are common issues that every nurse faces in the workplace:

• Staffing shortages
• Heavy workload
• Workplace violence
• Inadequate resources
• Lack of support
• High turnover rate

Overall, these workplace issues can have a significant impact on the job satisfaction and well-being of nurses in California. On top of these issues, nurses also face violations of their workplace rights by their employers.

How Does California Employment Law Apply to Nurses?

It’s worth repeating that nurses play a vital role in California’s healthcare system. However, while they provide a unique and diverse range of services for their employers, nurses are viewed the same as any other employee under California law. Thus, our state’s basic employment laws also apply to these workers. Despite the challenges and dangers associated with nursing, there are a variety of legal protections for nurses, including:

• Minimum wage and overtime – Nurses in California are entitled to receive at least the minimum wage and overtime pay as required by state law. As of January 1, 2023, the minimum wage in California is $15.50 per hour. Overtime pay is also required for nurses that work over 40 hours in one week or 12 hours in one day. Usually, it is calculated at a rate of 1.5 times the nurse’s regular pay rate.
• Meal and rest breaks – Every nurse is entitled to meal and rest breaks as required by state law. In general, nurses are entitled to a 30-minute meal break after working five hours, and a 10-minute rest break for every four hours worked.
• Anti-discrimination laws – Nurses, like other employees, are protected by state and federal anti-discrimination laws. The California Fair Employment and Housing Act (FEHA) protects employees from discrimination and harassment based on “protected characteristics” like:
• Age
• Race
• Gender
• sexual orientation
• Religion
• Disability

The FEHA also protects nurses from retaliation for voicing concerns about discrimination or harassment in the workplace.

• Family and Medical Leave – Both California and federal law allows nurses the opportunity to take family and medical leave under the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA). Eligible employees may take up to 12 weeks of unpaid leave in a 12-month period for qualifying reasons, such as the birth or adoption of a child or to care for a family member with a serious health condition.

 

• Whistleblower protection – One of the most important legal protections for nurses in California involves reporting suspected violations of state or federal law. Under the California Whistleblower Protection Act (WPA) and its federal counterpart, nurses are protected under whistleblower laws. Employers are prohibited from retaliating against employees who report suspected violations.
• Workers’ compensation – Like every other employee in California, nurses are entitled to workers’ compensation benefits if they are injured or become ill as a result of their job. Benefits include medical treatment, disability payments, and vocational rehabilitation.

Contracts

Frequently, nurses and other healthcare professionals in California work under a written contract with their employer. In these situations, the contract usually stipulates the terms and conditions of the nurse’s employment, including:

• Employment status, whether the nurse is considered an employee or an independent contractor.
• Job duties and responsibilities
• Work schedule
• Compensation
• Termination and resignation
• Non-disclosure and confidentiality
• Non-compete and non-solicitation
• Professional development and continuing education
• Workplace policies and procedures

  While a written contract can remove some legal protections for you or other nurses, it can’t violate the basic protections that the law offers. Further, the law provides the ability to file a breach of contract claim if your employer violates any of the terms of the contract.   At the same time, it’s extremely important to review the contract prior to signing it. If you have any questions or concerns, don’t hesitate to reach out to our team of experienced California employment lawyers.

What Legal Options Are Available For Nurses in California?

When facing employment issues, nurses in California have a variety of legal options available to them. These options involve filing a claim for damages. Usually, the first step is filing a complaint with the appropriate administrative agency. This depends on the type of claim, but there are a variety of different agencies to file your complaint with, such as:

• The Department of Fair Employment and Housing (DFEH) for discrimination or retaliation claims.
• Division of Labor Standards Enforcement (DLSE) for violations of wage and hour laws.

While these administrative remedies are in place, the most direct way you can hold your employer accountable is by filing a civil lawsuit against your employer. A lawsuit, with the help of our team, can help you recover damages like:

• Lost wages
• Loss of benefits
• Back pay
• Damages relating to pain and suffering
• Damages relating to emotional distress
• Damages relating to loss of dignity

With these options in place, nurses in California can rest assured that their rights will be protected and fought for. By consulting with our team of experienced California employment lawyers, we’ll handle all of the claim-related responsibilities to allow you to focus on getting back to work.

Dedicated and Experienced California Employment Lawyers

At Maison Law, our team of experienced and dedicated California employment lawyers proudly stands up for the rights of every worker. We especially sympathize with the dedication and service that is required of nurses in California’s burgeoning healthcare industry, and we can make sure that these vital workers get the treatment and protection they deserve. Don’t let your employer take advantage of you. Contact us today to schedule a free consultation and learn more about how we can help you.