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California Employment Lawyer Resources

8 articles from our library

California has the most worker-protective employment law scheme in the United States, and that is not an accident. Decades of legislation, Industrial Welfare Commission wage orders, and landmark appellate decisions have built a system where daily overtime kicks in at 8 hours, meal and rest breaks are statutorily mandated, wrongful termination in violation of public policy is a tort, and harassment can create employer liability even without a tangible job action. If you work in California and you believe you have been mistreated at work, the law is probably on your side, but enforcing it is a different story.

The core statutes are the California Labor Code, the Fair Employment and Housing Act (FEHA), and the Private Attorneys General Act (PAGA). FEHA is enforced through the Civil Rights Department and covers discrimination, harassment, retaliation, failure to accommodate disability, and pregnancy-related claims. The Labor Code governs wages, overtime, breaks, reimbursement of business expenses, wage statements, and final paychecks. PAGA allows an aggrieved employee to sue for civil penalties on behalf of the state for Labor Code violations. Add in independent contractor misclassification under the ABC test from Dynamex and AB 5, and you have a body of law that employers struggle to comply with and plaintiffs' lawyers must know cold.

I am George Goldberg, founding partner of Goldberg & Loren. Over more than 32 years and 20,000+ cases, we have represented California workers in wrongful termination, sexual harassment, wage-and-hour, retaliation, whistleblower, and disability discrimination cases. I spent the early part of my career on the defense side before switching to plaintiff work in 1996, and that background drives how we build every case. We know what the other side is looking for, and we do not give it to them.

Below you will find our California-focused employment law articles and answers to the questions workers ask us most. If you have been fired, harassed, underpaid, or retaliated against at a California job, call Goldberg & Loren at 1-888-352-9243 for a free, confidential consultation.

Articles in this library

Employment Law Attorneys in California

Ready to get started? These pages connect you with the right Goldberg & Loren team for your claim.

Frequently Asked Questions

What qualifies as wrongful termination in California?
California is at-will, so most firings are legal. Wrongful termination means a firing that violates a specific legal protection: for example, firing because of a protected characteristic under FEHA, firing in retaliation for reporting illegal conduct, firing in violation of public policy, or firing in breach of an implied contract. Each theory has its own elements and deadlines.
How does California overtime differ from federal law?
Federal law only requires overtime after 40 hours in a workweek. California requires time-and-a-half after 8 hours in a workday and 40 hours in a week, and double time after 12 hours in a day and after 8 hours on the seventh consecutive workday. California also has stricter rules on exempt classifications and meal and rest breaks that federal law does not impose.
What is the statute of limitations on a California employment claim?
It depends on the claim. FEHA discrimination, harassment, and retaliation claims generally give you three years to file with the Civil Rights Department, then one more year after you receive a right-to-sue letter. Wage-and-hour claims can run one, three, or four years depending on the theory. Strict deadlines apply. Contact us to confirm the exact window for your situation.
Am I an employee or an independent contractor under California law?
Since Dynamex and AB 5, California uses the ABC test for most workers. A hiring entity must show that the worker is free from control, performs work outside the usual course of the hiring entity's business, and is engaged in an independently established trade. If even one prong fails, the worker is an employee, entitled to overtime, breaks, wage statements, and reimbursements.
Do I have to go through the Civil Rights Department before suing for harassment?
Yes for FEHA claims. You must file a complaint with the California Civil Rights Department (formerly DFEH) and obtain a right-to-sue notice before you can file a FEHA lawsuit. We handle that administrative step as part of the case. Non-FEHA claims, such as pure wage-and-hour claims, generally can go straight to court.

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George Goldberg and the Goldberg & Loren team have spent 32+ years and handled over 20,000 injury cases. Free consultation. You pay nothing unless we win.

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