Employment Law

Wage and Hour Disputes

California wage and hour laws provide workers with protections exceeding federal standards. The California Labor Code establishes minimum wage requirements, overtime rules, meal and rest break protections, and expense reimbursement obligations.

• Overtime Pay Disputes: Unpaid overtime for hours worked over 8 in a workday or 40 in a workweek,or for misclassification as exempt employees;
• Minimum Wage Violations: Payment below the California minimum wage through improper tip credits, deductions, or required business expense payments;
• Misclassification of Employees: Improper classification as independent contractors to avoid overtime, benefits, and employment taxes;

• Fair Labor Standards Act Violations: Representation for federal Fair Labor Standards Act violations, including overtime, minimum wage, and recordkeeping requirements;

• Unpaid Wages: Failure to pay regular wages, overtime, commissions, bonuses, accrued vacation time, or final paychecks;
• Meal Break Violations (Labor Code 512): Failure to provide 30-minute meal breaks for shifts over 5 hours or second meal breaks for shifts over 10 hours;
• Business Expense Reimbursement (Labor Code 2802): Failure to reimburse mileage, cell phone use, internet costs, supplies, and other necessary business expenses;
• Premium Pay Penalties: Unpaid premium pay for meal break, rest break, and split shift violations;
• Regular Rate of Pay Violations: Improper overtime, meal break and sick pay calculations, excluding bonuses, commissions, and shift differentials from the regular rate;
• PAGA Claims – Private Attorneys General Act violations, including wage statement errors, meal and rest break violations, and minimum wage violations.

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Wrongful Termination

California operates as an at-will employment state, but substantial exceptions protect workers from unlawful discharge. Employers cannot terminate workers for discriminatory reasons, in retaliation for exercising legal rights, or in violation of employment contracts.

• Discriminatory Termination: Firing based on race, gender, age, disability, religion, national origin, sexual orientation, gender identity, or other protected characteristics;
• Retaliatory Termination: Termination for filing workers’ compensation claims, reporting safety violations, requesting accommodations, or complaining about workplace violations;
• Constructive Discharge: Employer creation of intolerable working conditions forcing resignation;
• Breach of Contract: Violations of written employment contracts, employee handbooks, or oral promises regarding termination procedures.

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Workplace Discrimination

California Fair Employment and Housing Act (FEHA) prohibits employment discrimination based on protected characteristics. FEHA protections apply to employers with five or more employees and cover all aspects of employment.

• Race Discrimination: Disparate treatment, hostile work environments, and discriminatory policies based on race, color, ancestry, or national origin;
• Gender Discrimination: Unequal pay, pregnancy discrimination, and denial of opportunities based on sex, gender, gender identity, or gender expression;
• Age Discrimination: Mandatory retirement policies, age-based terminations, and failure to hire workers age 40 and older;
• Disability Discrimination: Adverse employment decisions based on physical or mental disabilities, failure to provide reasonable accommodations.

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Sexual Harassment

California law requires employers to maintain workplaces free from sexual harassment and take immediate action to investigate complaints, stop ongoing harassment, and prevent future harassment.

• Quid Pro Quo Harassment: Conditioning employment benefits on sexual favors, promises of promotion for sexual conduct, threats of adverse action for refusing advances;
• Hostile Work Environment: Unwanted touching, sexual comments or jokes, display of sexual materials, propositions that interfere with work performance
• Retaliation for Reporting Harassment: Termination, demotion, reduced hours, or negative reviews for reporting harassment or participating in investigations;
• Failure to Prevent Harassment: Inadequate harassment policies, lack of required training, failure to investigate complaints promptly.

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Workplace Retaliation

California law prohibits retaliation against workers for exercising their legal rights. Protected activities include reporting violations, filing complaints, participating in investigations, and asserting workplace rights.

• Retaliation for Whistleblowing: Adverse actions for reporting legal violations to government agencies or company management under Labor Code Section 1102.5;
• Workplace Defamation: False statements by employers that damage employee reputation, including defamatory performance reviews, reference letters, or public statements;
• Retaliation for Filing Complaints: Retaliation for filing discrimination complaints, wage claims with the Labor Commissioner, or safety complaints with Cal/OSHA;
• Retaliation for Taking Leave: Adverse actions for taking FMLA or CFRA leave, counting protected leave as attendance violations;
• Retaliation for Union Activity: Termination, discipline, or retaliation for union organizing, collective bargaining, or concerted activity;
• Retaliation for Reporting Safety Violations: Protection for employees who report unsafe working conditions to Cal/OSHA or company management:
• Retaliation for Claiming Benefits: Adverse actions for filing health insurance claims, disability benefits, or retirement plan benefits.

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Family and Medical Leave

California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA) provide eligible employees with job-protected leave. When employers deny leave or retaliate against workers for taking protected leave, employees have legal claims.

• Denial of Leave: Refusing leave requests for qualifying reasons, requiring excessive medical certification, or imposing unreasonable conditions on leave approval;
• Retaliation for Taking Leave: Termination during or after leave, demotion upon return, counting protected leave as attendance violations;
• Interference with Leave Rights: Discouraging leave-taking, threatening adverse consequences, and failing to reinstate employees after leave.

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Class Action Employment Lawsuits

Class action lawsuits allow employees with similar claims to collectively pursue violations arising from company policies or practices.

• Wage and Hour Class Actions: Systematic unpaid overtime, meal and rest break violations, off-the-clock work, wage statement errors;
• Discrimination Class Actions: Pattern and practice discrimination in hiring, promotion, compensation, or termination;
• Misclassification Class Actions: Widespread misclassification of employees as independent contractors or exempt from overtime;
• Harassment Class Actions: Company-wide failures to prevent harassment, inadequate policies, failure to investigate complaints;
• Discrimination Class Actions: Pattern and practice discrimination in hiring, promotion, compensation, or termination;
• Harassment Class Actions: Company-wide failures to prevent harassment, inadequate policies, failure to investigate complaints.

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