California is renowned for its cultural diversity. It is also celebrated for its comprehensive labor laws that uphold the rights and welfare of workers, including the Filipino community. But, have you or any Filipino worker you know experienced unfair treatment at work? Gusto mo bang malaman kung ano ang dapat gawin?
In this blog, we’re going to discuss California’s labor laws and see why they’re a big deal for Filipino workers, whether they were born here or came all the way from the Philippines. Plus, we’ll dig into how immigration and labor laws cross paths in the state. We’ll also talk about the basics such as workers’ rights, ensuring no Pinoy faces discrimination, employer responsibilities, and where Filipino workers can find some handy resources. Let’s get into it!
Protections for Filipino Workers
In recent decades, more Filipinos have come to the United States. Between 1980 and 1990, their numbers went up by 82%, and from 1990 to 2000, it went up by 50%. After that, the growth slowed down a bit, with a 30% increase from 2000 to 2010, and a 12% increase from 2010 to 2021.
A lot of Filipinos live in California with about 42% of immigrants residing here, and Hawaii is next with 6% during the years 2017 to 2021. There are also quite a few kababayans residing in Texas, Illinois, Nevada, and New York, making up about 19% of the total Filipino population in the U.S. The top four places where you’ll find Filipino immigrants are Los Angeles and San Diego counties in California, Honolulu County in Hawaii, and Clark County in Nevada.
Filipino workers are a big part of California’s workforce. They bring their skills to all kinds of jobs, showing how important it is to have labor laws that protect them. Their presence in California’s workforce isn’t just important; it’s crucial for the state’s success. Fortunately, California labor laws make sure they are treated fairly, work in safe places, and earn the right salary.
The Basics of Labor Rights in California
In California, workers’ rights are taken seriously. More than just being a bunch of rules, it’s a commitment to treat all employees fairly. This commitment is shown through several basic labor rights, such as making sure people get paid at least the minimum wage rate, get overtime pay for working extra hours, get regular breaks, and not be discriminated against because of their race, sexual orientation, or ethnicity.
Minimum Wage Regulations
California is proud to have one of the highest minimum wage rates in the United States. This means that workers, including Filipinos, are paid fairly for their work. It’s all about making sure everyone can live decently.
In California, the minimum wage is the same for everyone, no matter where they’re from. So, whether you were born here or immigrated from the Philippines, you get paid at least this minimum wage for your work.
The minimum wage rate can change from time to time, usually based on how expensive things are in the state. Sometimes, with the collective bargaining agreements negotiated between labor unions and employers, workers can get paid even more than the regular rate of pay.
Right now, in 2023, the minimum wage in California is $15.50 an hour, but it will go up to $16 an hour on January 1, 2024.
By having a competitive minimum wage, California makes sure that everyone, including Filipino workers, is fairly paid y and helps keep the economy stable and for everyone.
Overtime Pay Requirements
California labor laws are designed to ensure that workers, including Filipino employees, are paid properly for their time and efforts. The state’s overtime law states that workers who exceed certain hours worked in a day or week should get extra pay.
For Filipino *nonexempt employees in California, this means that when they work beyond their regular hours, especially if it extends to the seventh consecutive workday, they should receive overtime wages, which typically amount to one and a half times their regular hourly rate. This not only provides a financial incentive for extra work but also helps maintain a healthy work-life balance by discouraging excessive working hours.
*A nonexempt employee is a worker who is not exempt from the Fair Labor Standards Act (FLSA) regulations in the United States. They are protected under specific labor codes, including minimum wage, overtime pay, and meal and rest breaks. Non-exempt employees are typically paid on an hourly basis and must receive overtime pay when they work more than 40 hours in a workweek.
Anti-Discrimination Laws
California labor laws are committed to upholding substantial protections against discrimination, ensuring that current and prospective employees, including Filipino workers, are treated fairly and with dignity.
- National Origin: Discrimination based on national origin is strictly prohibited by law. Employers are prohibited from making any employment-related decisions, such as hiring, promotion, or termination, based on a worker’s country of origin, whether they are from the Philippines or any other country. Filipino workers, like all employees, are strongly encouraged to report any instances of discrimination or harassment they encounter during their employment.
- Language Rights and Accommodations: Filipino workers have the right to use their preferred language in the workplace, as long as it does not disrupt job duties or the overall functioning of the business. To ensure effective communication, employers are obligated to make reasonable accommodations for language needs, allowing workers to express themselves comfortably.
- Sexual Orientation: California law also protects its workers against discrimination based on sexual orientation. Filipino workers, like all employees, are safeguarded from any discriminatory actions, including sexual harassment and assault, related to their sexual orientation.
- Health Condition: Discrimination based on an individual’s medical condition is against the law. This means that Filipino workers with health condition challenges, including physical and mental disabilities, should have equal employment opportunities and reasonable accommodations to perform their job duties properly. Remember, employers are required to assess each worker’s abilities based on their qualifications, not their health status.
- Criminal History: Even if you have a history that includes legal trouble, employers in California have to give you a fair chance. They can consider your past, but they must be fair and assess the type of offense and whether it’s relevant to the job. Filipino workers and all job applicants deserve a fair shot, no matter what their history is.
Employer Responsibilities and Employee Benefits
Employers in California have specific responsibilities towards their Filipino workers, including:
Leaves and Rest Break Requirements
Employers in California have certain duties to their Filipino workers. These duties are about making sure workers are treated right and get what they need to be healthy and do their job well. Here are some important things employers have to do:
- Sick Leave Law: Under the California sick leave law, eligible employees, including Filipino workers, are entitled to accrue paid sick leave over a 12-month period. You can use your sick leave for your own health needs or to take care of a sick family member. Employers should provide information about this sick leave law in their employee handbook, helping workers understand their rights to take sick leave when needed. This provision ensures that Filipino workers can address their health concerns or care for their loved ones without risking their job security.
- Family Leave Law: Filipino workers, like all employees in California, can apply for family leave, allowing them to take time off work to bond with a new child or care for a family member with a serious health condition. Employers must follow state and federal labor laws and provide eligible employees with the necessary information to make use of this benefit effectively.
- Meal Break Time: A meal break is a legal requirement under the California employment law. Employers need to give their employees a proper meal break. Usually, it’s a 30-minute break without pay if the employee works for at least 5 hours. Employers have to make sure employees get this meal break, so they can rest and recharge during their work time.
- Rest Breaks: In addition to meal breaks, employees are entitled to regular rest breaks during their workday. For every four hours worked, employees are entitled to a 10-minute paid rest break. Employers must allow these breaks within the employees’ schedules, promoting overall well-being and productivity among Filipino workers and others.
- Lactation Breaks: California law also mandates lactation breaks for new mothers. Employers need to give Filipino working moms enough break time to pump breast milk. They should also provide a clean and private place for this, not a bathroom. This helps the moms and their babies stay comfortable and healthy.
Immigration Status and Worker Protections
It’s important to know that California labor laws protect everyone, no matter where they come from. So, Filipino immigrants, just like anyone else, don’t have to worry about being treated unfairly for standing up for their rights at work.
If you’re a Filipino worker and you lose your job or your employment contract ends, the law says your employer has to treat you fairly, no matter where you were born. They need to give you your last paycheck, including any unused paid time off, on your last day of employment.
The end of the employment relationship should also be done in compliance with the California labor laws, ensuring that a laid-off employee does not experience adverse actions based on their origin or immigration status. This protection guarantees that Filipino workers are treated with dignity and respect during the difficult transition of leaving a job, regardless of their background or immigration status.
By following these rules, California makes sure that all workers are treated with respect and fairness, so everyone can do their best at work without having the threat of violence, discrimination, or termination.
Resources and Support for Filipino Workers
To help Filipino workers better understand California labor laws, there are some great resources and groups out there:
- Supportive Groups: Organizations like Kapwa Justice are all about helping Filipino workers. They can help you learn and understand your rights, sort out work problems, and even connect you with legal help if you need it.
- Legal Help: If you’re a Filipino worker dealing with issues like unfair treatment or discrimination at work, there are special organizations that know all about workers’ rights and can give you the legal support you need.
Your Labor Rights Matter. Ang laban mo ay laban din namin.
California labor laws are like a shield of protection for Filipino workers, whether you are born here in the U.S. or migrated from the Philippines. These laws make sure they’re treated fairly, paid right, and not discriminated against at work. It’s a must for all Filipino workers to know about these rights and where to get help if they need it.
You know what’s really cool? Having a strong Filipino community, like Kapwa Justice, can make a big difference. They help workers learn about their rights and give them support. These community organizations and advocacy teams offer advice, legal help, and a sense of being part of something bigger.
When Filipino workers come together like this, they not only share their work experiences but also make California’s Filipino workforce even better. It’s about working together and making sure everyone’s contribution is respected and valued in a fair and equal workplace.
On the night of December 6, 2023, two lives were lost, and a third left in critical condition after a shocking head-on collision in San Pablo.
