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With years of experience and a deep understanding of California employment law, we are here to help you navigate any workplace challenges or legal disputes you may be facing.
We know that dealing with employment law matters can be overwhelming and stressful. That’s why we are committed to providing personalized and effective legal solutions tailored to your unique situation. Our goal is to protect your rights and ensure a fair and just outcome.
Don’t wait any longer. Contact Goldberg & Loren today and schedule a consultation call us at (213) 699-3293 to speak with one of our experienced employment law attorneys. Let us be your trusted advocates in California.
California Employment Laws
California employment law refers to the set of rules and regulations that govern the employer-employee relationship within the state. These laws aim to protect the rights of employees, ensure fair treatment in the workplace, and promote equality and safety.
The California Labor Code and various state and federal statutes outline the rights and responsibilities of employers and employees in matters such as minimum wage, unpaid wages, sexual harassment, leaves of absence, employee compensation, and more. [1]
Understanding the complexities of these laws is essential to avoiding legal disputes and ensuring that the rights and well-being of all parties involved are upheld.
Employment Laws in California
Our team of experienced employment attorneys is committed to advocating for the rights of employees in California.
With our extensive knowledge of state and federal employment laws, we specialize in handling a wide range of employment law cases.
Whether you have experienced discrimination or any other employment-related issue, our dedicated team will provide you with the legal representation and guidance you need to protect your rights.
Wrongful Termination
Wrongful termination can occur in various forms in California, and employees need to understand their legal rights and protections. In California, wrongful termination cases encompass violations of public policy such as discrimination based on:
- Age - An employee cannot be discriminated against because of their age. This includes refusing to hire an individual due to them being too young or too old for a position, or dismissing someone because they are in a certain age group.
- Disability - Employers may not discriminate against individuals with disabilities in any aspect of employment, including the hiring, promotion, and termination process.
- Gender - Employment decisions may not be made based on an individual’s gender, including hiring and firing decisions.
- Race/Ethnicity - Discrimination based on a person's race or ethnicity is illegal in California. Employers cannot refuse to hire an individual because of their race or ethnicity, nor can they terminate someone for the same reason.
- Religion - Employees in California are protected from discrimination based on their religious beliefs or practices. This includes refusing to hire or promote an individual because of their religion, as well as imposing restrictions on religious expression that would not be imposed upon other employees.
- Sexual Orientation/Gender Identity - Employers must treat everyone equally regardless of their sexual orientation or gender identity. They are not allowed to refuse to hire someone or terminate them based on these factors.
- Other Factors - Employees who face retaliation for whistleblowing are also entitled to legal redress. Under the California Fair Employment and Housing Act, employers are required to provide reasonable accommodation for employees with disabilities.
Failing to comply with these obligations can result in wrongful termination claims. Furthermore, violations of the California Worker Adjustment and Retraining Notification (WARN) Act, which requires employers to give advance notice of impending layoffs, can also constitute wrongful termination.
Related Information
Wrongful Termination Remedies
Employees who experience wrongful termination can seek various remedies, depending on the circumstances of their case. These may include:
- Back Pay - An employee who was wrongfully terminated may be entitled to back pay, which is the salary they would have earned had they not been wrongfully dismissed. This includes lost wages, benefits, and other forms of compensation that were denied due to the termination. Back pay typically covers the period from the date of termination until the date of judgment or settlement.
- Compensatory Damages - In some cases, a court may award compensatory damages to an employee who suffered emotional or financial distress due to their wrongful termination. This includes damages for pain and suffering, as well as any medical expenses incurred.
- Front Pay - Front pay is a form of compensation awarded to an employee for future wage losses resulting from their wrongful termination. It is designed to provide financial support to the employee until they are able to secure comparable employment or reach retirement age. This may include salary, bonuses, overtime pay, and other forms of compensation that were denied due to their termination.
- Punitive Damages - In some cases, a court may award punitive damages to an employee who was wrongfully terminated in order to punish the employer for their misconduct.
- Reinstatement - An employee who has been wrongfully terminated may be entitled to reinstatement. This means that the employee is returned to their original position with the same job duties and benefits they would have had if they had not been fired.
Seek legal representation from our experienced employment attorneys when facing wrongful termination to ensure the protection of your rights and to pursue appropriate legal remedies.
Unpaid Wages and Minimum Wage Violations
Unpaid wages and minimum wage violations can have a significant impact on employees’ financial well-being.
These violations can occur in various employment situations, including failure to pay the minimum wage or overtime, improper deductions from paychecks, and failure to reimburse employees for expenses or vacation time.
Under federal and California wage and hour laws, employers are required to adhere to certain standards regarding wages and hours worked.
The Fair Labor Standards Act (FLSA) is a federal law that sets the minimum wage and overtime pay standards.
In California, the minimum wage is higher than the federal minimum and is set to increase in the coming years. The California Equal Pay Act further protects employees from discrimination in wages based on gender.
Improper deductions from paychecks, such as deductions for equipment or uniforms that reduce an employee’s pay below the minimum wage, are also illegal.
Employers are typically required to reimburse employees for necessary job-related expenses, such as travel or tools.
Employees who experience unpaid wages or minimum wage violations have legal rights and may be entitled to compensation.
They can file a complaint with the California Labor Commissioner’s Office or pursue a lawsuit to recover their unpaid wages, obtain back pay, and potentially receive other damages or penalties.
If you believe your employer has violated wage and hour laws or you have experienced unpaid wages or minimum wage violations, consult our experienced employment attorneys at Goldberg & Loren who can guide you through the legal process and help protect your rights.
Meal Breaks and Rest Periods Violations
California employment law mandates that non-exempt employees are entitled to meal breaks and rest periods during their work shifts. Failure to provide these breaks can result in significant consequences for employers.
Non-exempt employees must be provided with an unpaid meal break of at least 30 minutes when their work period exceeds five hours.
For shifts exceeding ten hours, employees are entitled to a second meal break. Under certain circumstances, such as mutual agreement between the employer and employee, the first meal break can be waived.
Rest periods, which are paid breaks, must also be provided to non-exempt employees. These breaks allow employees to rest, use the restroom, and tend to personal needs.
For shifts of at least three and a half hours, employees are entitled to a ten-minute rest period. Additional rest periods must be provided depending on the length of the work shift.
Employers who fail to provide these required meal breaks and rest periods may face legal consequences. They may be required to pay additional wages, penalties, and compensatory damages to the affected employees.
Contact Our Experienced Employment Law Attorneys Today
At Goldberg & Loren, our experienced employment attorneys are dedicated to protecting your rights in the workplace. If you believe your employer has violated wage and hour laws or you have experienced unpaid wages or minimum wage violations, contact us today.
We can provide you with legal advice and guidance on how to proceed with your case. Our lawyers are knowledgeable about California employment law and will be able to help you secure the just compensation you deserve.
Source:
[1] Codes: Codes Tree – * California Constitution – CONS. (n.d.). https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml
Looking for expert legal guidance on employment law issues in California? Our team of experienced lawyers is here to assist you. Don't hesitate to reach out today and get the answers you need.
We Represent Employees Who's Right Have Been Violated in the Workplace in California, Including the Following Cities and Communities.
- Los Angeles, CA
- San Diego, CA
- San Jose, CA
- San Francisco, CA
- Fresno, CA
- Sacramento, CA
- Long Beach, CA
- Oakland, CA
- Bakersfield, CA
- Anaheim, CA
- Stockton, CA
- Riverside, CA
- Irvine, CA
- Santa Ana, CA
- Chula Vista, CA
- Fremont, CA
- Santa Clarita, CA
- San Bernardino, CA
- Modesto, CA
- Fontana, CA
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