An Overview of The California Labor & Employment Law
Updated: Oct 12, 2022
Everything you need to know about California Labor Law.
You may need an employment lawyer if you have a workplace dispute with your boss. While some problems can be settled through open communication, obtaining compensation or other forms of justice for workplace violations often necessitates a lawyer's assistance.
Even more so, if you were fired for a discriminatory reason, owe substantial sums in unpaid wages, or your workplace issue involves a complicated or confusing legal issue.
Why Is It Important To Hire An Employment Attorney in California?
Our relationship with our employer is one of our most important. Employees often have incorrect or incomplete information when a dispute occurs at work. An Employment Attorney represents individuals in employment disputes and assists workers by advising them through their current employment situation or, more commonly, evaluating the individual's rights after they have been subjected to discrimination, demotion, termination, wrongful termination, retaliation, or unlawful harassment.
Employees may be able to file claims under a variety of state and federal regulations. Discrimination or harassment based on a protected status (for example, race, sex, age, national origin, or disability) or retaliation for raising concerns about discrimination or harassment are examples of unlawful employer actions. Employers may also be held liable if they violate the Family Medical Leave Act or fail to pay wages per state and federal laws governing overtime and minimum wages.
After raising concerns about their employers' illegal behaviour, employees who face retaliation may file a lawsuit under the many state and federal whistleblower protection laws.
Employees are increasingly being restricted in their ability to work elsewhere, either through the enforcement of non-compete agreements or through employer allegations of trade secret violations. In these cases, employees require competent and experienced legal counsel to protect their intellectual property and legally transition to a new employment relationship.
The California Employment Attorneys in this practice area often represent employees before administrative agencies such as the Equal Employment Opportunity Commission (EEOC). Litigation is usually required to enforce the employee's rights and recover sufficient damages. Litigation in this area can be complicated and time-consuming.
It is a particular area of law, and having prior experience representing workers is essential. A California Employment Lawyer representing people in this dispute should be well-versed in the complexities of the different employment laws and available claims. It's also critical that the attorney understands the gravity of the situation financially and emotionally. Employees who seek out lawyers with this level of knowledge and experience will receive sound and effective representation in what could turn into a costly, delicate, and complex dispute.
What Can an California Employment Attorney Help Me With?
While Los Angeles Employment Lawyers tackle all sorts of cases related to California Labor Law and work environments, the most common of these are wage-related violations and wrongful terminations. What's your California right to work? Are your paychecks coming in late? Were you not paid for overtime? Were you fired for political beliefs unrelated to the work you do?
If it's neither of those, below are some other examples you might want to look into:
California Wage and Hour Laws
The majority of workers must be paid twice a month. Labor completed between the 1st and 15th of the month must be paid for between the 16th and 26th of the month on monthly paydays; labor completed between the 16th and the last day of the month must be paid for within the 1st and 10th of the following month.
If you haven't been getting your paychecks, or worse, your employer has skipped paydays, then you have a case.
Pay Stubs
Pay Stubs are essentially receipts. An honest breakdown of your monthly payment is proof of transparency, but it can also be used as evidence if your employer breaks wage laws.
The written statement should include the following:
Total earnings
Deductions
Total number of hours (if the payment is an hourly rate), and the total number of units produced (if paid per piece)
Net wage, including timestamps
The employee's full name, last four digits of their Social Security number, and/or employee identification
The employer's contact information, with complete name and address
Access to Your Payroll
Employees have the right to look through their payroll from the previous three years of employment. Records must be made immediately available to both current and former employees no later than 21 days after receiving a request. Whether the employee's purpose is for inspection or copying, restricting access is illegal.
Injury resulting from an employer's deliberate failure to keep and provide required statements and records may be entitled to recover an equivalent of the greater actual damages. In other cases, a penalty for the first pay period and another penalty for each subsequent pay period violation, plus costs and fair attorney fees.
For a private employer's failure to provide an itemized wage statement or maintain the requested records, the California Labor Code allows for fines of $250 per employee per violation in the first citation and $1000 per employee per violation in subsequent citations.
Reporting Time
Sometimes, an employee required to come to work is left to do either nothing or less than half of their daily tasks. When this happens, the employee still needs to be paid for half of his or her usual or scheduled work. At least 2 hours of work shall be paid, but it will not exceed 4 hours of their equivalent hourly rate.
Waiting Time Penalties
Earned but unpaid wages and unused vacation times are due even after the employee is fired. Compensation for missed food and rest periods are also payable and counted as earned wages.
Employees who voluntarily quit must be paid on their last day of work, given that they posted a notice 72 hours beforehand. If no prior notice of intent has been given, they must still be paid within 72 hours after their last day of work. If an individual is working in temporary services remains employed after an assignment is complete and is available for future assignments, the employee is not entitled to immediate payment.
Employers who willfully fail to pay due to a discharged or quitting employee have imposed a civil penalty by the Labor Commissioner (of not more than 30 days' pay).
Post-Termination Commissions and Bonuses
An employee's right to receive a commission should be unaffected by the termination of employment, voluntary or involuntary. If nothing else is left for the employee to personally do to fulfill his end of the commission, then they must be compensated.
On the other hand, employees are not entitled to a bonus. If they voluntarily quit before the bonus has been paid, they are not entitled to compensation after leaving. However, an employer cannot fire an employee to avoid honoring bonuses or other agreed profit shares.
Overtime
For any extra hours of work, non-exempt workers must be paid at a rate of no less than one and one-half times their normal rate of pay for work. The following are considered payable overtime: work after 8 hours in a day, 40 hours in a week, and work done during the first 8 hours on the seventh consecutive day of work. Work that extends to more than 12 hours a day or 8 hours on the seventh successive day of work in a week is payable for at least twice the employee's usual rate.
It's simpler to figure out an hourly employee's normal rate than a regular salaried worker. A full-time employee's weekly salary is divided by 40 to calculate the average rate of pay, no matter how many actual hours they put in. If paid on a piece-rate basis, the employee's average rate is calculated by getting the sum of the employee's piece-rate earnings and dividing the total by the number of workweek hours. For total hours worked over 40 in a workweek, the piece-rate employee must be paid an extra one-half of the normal rate.
An employee's duration under the control of his or her employer is counted as work hours, including the time an employee is permitted to work, with or without required tasks. Time spent preparing for and finishing work is compensated, but only if it is necessary for the employee's primary role or responsibility. Take, for example, jobs that require special clothing or protective gear, like surgeons. A trauma surgeon cannot perform their duties without particular clothing and equipment, so the time spent changing clothes at the start and end of the day would be counted as payable time.
Meal and Rest Periods
It is required to give employees in California a 10-minute rest period every four hours of work, preferably in between each four-hour interval. Rest periods are not included in the total number of hours worked. Employers cannot give or demand work during breaks, and they cannot waive or shorten them in contracts. If an employer fails to grant rest breaks, then an employee is entitled to one extra hour of pay at their usual rate of pay. Employers must also allow breastfeeding employees to see to their children.
Employers may not hire workers for more than 5 hours per day without at least 30 minutes of the meal period. The meal period may be waived or done away with by mutual agreement if a workday does not exceed a total number of six hours. Likewise, employers may not hire workers for more than 10 hours a day without a second meal period. Unless the total work hours is less than 12, the second meal period of at least 30 minutes may be waived, but not the first.
By the Industrial Welfare Commission, an employer cannot force an employee to work during mealtime. If an employer fails to provide the required meal period, the employee will be entitled to one extra hour of pay at their usual rate of compensation each time. Unless an employee is relieved of all duties during a 30-minute meal period, the meal period must be counted in hours worked.
Only when the job description itself prevents an official meal period does it count (and should be counted) in work hours. There also has to be an agreement between the employer and the worker beforehand. The written agreement must state that the employee has the right to cancel the agreement at any time after sending a written notice.
Minimum Wage
Hourly workers, piece-rate workers, commission workers, and salaried employees all have specified minimum wages under California law. Employers are not allowed to recover the excess amount paid to an employee at the minimum wage level from the week prior. Tipping is not allowed as a deduction from the minimum wage in California.
Deducting for meals and lodging provided to employees of a minimum wage is allowed by California law. It should be under a voluntary written agreement with the employee, with a maximum charge between breakfast, lunch, and dinner. Employers may deduct a certain amount per week for lodgings depending on the type of lodging (it depends if it's a one-occupant room, a shared room, or an apartment unit).
Exemptions
All Executive, administrative, and professional employees are exempt from nearly all Wage Orders, but few other employees actually meet these requirements. In particular:
Select tech-related occupations in the software industry. Mainly those engaged in intellectual or creative work that requires tact, inquiry, and informed discretion.
Outside salespeople( including select commissioned salespeople, experts, and select farm workers).
Wrongful Termination in Los Angeles
Employees fired on the grounds of a breach of employment contract--for either discriminatory reasons or for exercising certain legal rights--can file a claim for wrongful termination. Most workers are vulnerable to sudden terminations, with or without cause, because they work in at will employment in California. Fortunately, California laws have specified a list of illegal reasons for termination.
Contract-related Issues
Your employer must keep their end of the bargain. If your contract guarantees continued employment for a set period of time, firing you would breach said contract.
A written or oral agreement may form the basis of an employment contract, and for as long as you have documentation of what you signed or agreed to, it counts.
Statements or guidelines in an employee handbook may also be construed as an employment contract. You can sue for wages, benefits, and any equivalent payable damages if an employer breaches a contract of any kind. You can also use the contract to negotiate a severance package.
Workplace Discrimination in California
Employers are prohibited from making any employment decision (including hiring and termination) based on protected characteristics. Race, nationality, religion, sex (including pregnancy), marital status, age, disability, political beliefs and practices, sexual orientation, gender identity, citizenship, AIDS/HIV status, medical history, military status, or domestic violence, stalking, or assault history are all examples of protected characteristics in California.
You might have a good wrongful termination case if you were fired because you belong to a protected class. Winning a discrimination lawsuit means your employer will be obligated to pay not only your lost earnings and benefits but also legal fees and court costs related to the case, as well as emotional distress and potentially punitive damages.
Allegations of Retaliation
An employee cannot be fired for attempting to enforce his or her worker's rights. You cannot be fired for filing racial or harassment complaints, asking for family leave, requesting medical leaves, filing a workers' compensation claim, serving on a court jury, or sending complaints about unlawful wage practices.
California likely has the most employee protections across all states, allowing numerous potential grounds for retaliation claims. You might have a strong claim against your employer if you were fired for filing a complaint or exercising a legal right.
The payable damages for retaliation claims are determined by the law under which you filed a case or contest. A successful employee will typically recover lost not only wages and benefits but also lawyers' fees, damages for emotional distress, and, in some cases, punitive damages.
Public Policy Violations
Employees cannot be fired for exercising a legal right, refusing to act illegally, or complaining about illegal behavior in the workplace. Retaliation claims are similar to public policy claims, but they vary marginal differences.
A retaliation claim is based on a special legal provision in a California labor law prohibiting employers from firing workers for rightfully filing complaints or being denied the right to exercise contest.
However, a public policy claim does not have to be based on a particular statute or even an employment law. Some examples are as follows:
An employee is fired for refusing to lie to the IRS, even when their employers ask them.
An employee who participates in street protests, even if their political beliefs do not affect their company or their work quality.
Firing an employee for filing federal complaints against a company's malpractice.
Though no explicit laws prevent employers from firing said employees, there are still grounds for a wrongful termination claim in all of the examples above. The principle is that no one should be fired to exercise their legal rights, protest, or refuse to engage in unlawful behavior.
Wrongful termination in the violation of public policy is considered a type of personal injury claim. So if successful, a complainant may be able to recover lost wages and benefits. In cases where the personal injury is considered great, emotional distress and punitive damages may also be awarded.
Personal Injuries and Similar Cases
Other personal injury claims outside of the scope of wrongful termination can be grounds for a strong case. An incident of sexual harassment at the workplace, for example, can be cited for an assault or battery claim in addition to a harassment and retaliation claim. Likewise, an employee falsely accused of unethical work practice may have a defamation claim if found that an employer maliciously spread false information.
An employee may have a fraud claim if the employer made big promises to entice you to take the job but have never intended to keep them. If successful, you can ask the court to award lost wages and benefits, emotional distress damages, and punitive damages in all of these personal injury claims.
Finding A Top Employment Lawyers In California
Finding a credible Employment Lawyer through word of mouth is considered one of the best ways to do so. Even when your closest circles don't know any employment attorneys, they may know other lawyers who can help, such as a family lawyer or an estate planning lawyer. Individual preferences for a lawyer are influenced by intangibles such as personality or your level of comfort with the person. Here are follow up questions you can ask when someone gives you a glowing recommendation for a Top Federal Employment Lawyers in California:
Are they prompt and responsive to calls and e-mails?
Does the lawyer give you time to explain your situation?
Did the lawyer carefully study your case and gave you good suggestions on what to do next?
Were the bills transparent? Itemized?
Did the lawyer handle your case personally? Or did they pass it down to a more inexperienced colleague?
If you can't get a personal recommendation, there are numerous organizations and services that can put you in touch with a qualified Los Angeles Employment Attorney:
Bar associations at the state or local level. Every state in the country has its bar association, the governing body in charge of licensing, monitoring, and disciplining all lawyers practicing in that state. For a small fee, several state bar associations provide attorney referral services to the general public. Cities and counties will have their own local bar associations, which provide Employment Lawyers referral services, usually through the bar associations' nonprofit arms.
Private referral services are available. Private businesses may also provide referral services. 1000Attorneys.com, for example, connects workers with employment lawyers for a free case assessment.
Legal clinics in the area. Some clinics might only refer clients to a Los Angeles CA Employment Lawyer who have the necessary skills and experience, which are more specialized and expensive. At the same time, some may even have employment attorneys on staff who can take care of your case for a low fee or no cost at all. Look for legal assistance clinics in your area by looking in the phone book under Legal Aid Society or Legal Services, or contact the closest law school.
Nonprofit organizations, foundations, or charities. You could also get a referral from organizations that advocate for minority groups' legal rights, such as LGBTQ+ rights coalitions and local chapters of the National Association for the Advancement of Colored People (NAACP). National organizations that deal with more particular or specialized types of workplace rights, such as the National Association of Working Women, may provide referrals to qualified lawyers.
Make sure people don't just give you the names of lawyers they've heard of. You also have to consider if the referred lawyer handles cases that are similar or adjacent to yours. You would not want to have a well-known divorce attorney as a first choice, especially when your concerns are more relevant to auditing or real property. You don't have to hire an attorney solely based on their availability when there are other options.
Any lawyer can become well-known simply by purchasing a large advertising space block on television or in the yellow pages. Be aware that lawyers in many states can advertise any area of specialization they want, even if they have never dealt with a case in that field. Referrals and reviews come in handy in this situation because you have some proof to go off on.
Setting an Appointment With A California Labor Law Attorney
Do your homework on each lawyer. Examine their website or social media profiles. In most states, you can also check with your state's bar association to see if the California Employment Attorneys is in good standing—that is, currently authorized to practice law and not facing disciplinary charges for misconduct. Some states have online databases where you can search for attorneys by name. Once you've compiled a list of names, call to schedule an appointment.
Some attorneys will attempt to screen you by asking you to talk about your case's basics over the phone. They will likely ask you for some details to add to the context of your possible claims. A little of this can be beneficial to both of you. You can start evaluating the lawyer's over the phone, too, listening for their manner of speaking and level of interest, and the lawyer can also start evaluating whether you need expert legal advice.
The next step is a face-to-face meeting, which is normally held at the lawyer's office. Or, considering quarantine restrictions, a video chat over Zoom. Bring any pertinent documents to the meeting (or in Zoom, make digital copies for the California Employment Attorneys to look over), as well as any questions you'd like to ask the attorney. Here are some possible questions to ponder:
Do I have a strong claim? How much will the expenses be?
How long have you worked in the field of labor and employment law? Have you dealt with similar cases?
Who will be in charge of the bulk of my case's work?
How often will I get updates related to the case?
What payment methods do you prefer?
Will I have to pay anything upfront?
How long will it take for my case to be resolved?
Some lawyers offer a free initial consultation to determine whether your situation necessitates legal intervention. Others, on the other hand, would charge a reasonable fee for legal advice. For a one-hour consultation, expect to pay between $75 and $250. Before you go to your consultation, organize the facts in your case and be clear about what you want—whether it's a financial settlement or a return to your old job. Bring any important documents to the meeting (such as a contract, disciplinary warning, pay stubs, or proposed severance agreement).
An hour should be more than enough time to explain your situation and get a general idea of how it might be approached and how much it will cost. It can be money well spent if you find the right lawyer and can afford the fee.
Note that only a small percentage of California labor law cases end up in court. The majority of the cases are settled or resolved in some other way. So you don't have to be swayed solely by a lawyer's potential impact on a jury. A good employment lawyer may also give you the valuable advice that you don't have a strong case—or suggest a good settlement strategy.
California Legal Assistance Fees
The majority of client-lawyer problems revolve around fees, so be sure to get all financial details in writing, including the hourly billing rate or contingency fee arrangement, billing frequency, and whether you'll be required to deposit money in advance cover costs. Fee arrangements are determined by several factors, including the scope of work, the legal claim's type and strength, and the lawyer's geographic location.
Contingency Fees and Hourly Rates
Many workplace cases are handled under a contingent fee arrangement, in which a lawyer agrees to take on a case in exchange for a fixed percentage of the final settlement. If you win the case, the lawyer's fee is deducted from the money you get. If you lose, neither you nor your attorney will receive any compensation. The willingness of a lawyer to take your case on a contingent fee basis generally indicates that the Los Angeles Employment Law Attorney believes in your claim's merits. A lawyer who isn't confident in your case's viability is unlikely to take you on as a contingency fee client.
Although there is no set percentage for contingency fees, lawyers typically demand about a third of the fee if the case is settled before a lawsuit is filed with the courts and 40% if the case must go to trial. Keep in mind that a contingency fee agreement's terms may be negotiated. You can try to persuade your lawyer to accept a lower percentage or to cover some of the court costs (especially if the case is settled quickly).
Instead of charging a contingency fee, some employment attorneys charge an hourly rate. If the job scope is relatively small, such as reviewing a contract or negotiating a better employment package, this can be beneficial for an employee. If you're filing a lawsuit against your boss, be cautious about agreeing to an hourly rate. Lawsuits take a long time to settle and can last for years. Most workers, in reality, cannot afford tens of thousands of dollars in legal fees, particularly when there is no guarantee of success.
Explore other possibilities if you meet with a lawyer you like but who is reluctant to take your case on a contingency basis. Some lawyers, for example, would charge workers a lower hourly rate or a flat fee in addition to a contingency fee. At the very least, contact a few lawyers and discuss your particular goals and objectives, as well as a fee cap.
Court Expenses
An Employment Lawyers working on a contingency fee agreement may require you to pay all out-of-pocket costs, such as court filing fees and the cost of transcribing depositions, which are interviews with witnesses and other persons involved in a lawsuit who may provide additional information about the facts and circumstances.
If this is so, the Best Employment Attorney in California will ask you to deposit a large sum of money—a thousand dollars or more—with the firm to cover these costs. From your perspective, the lawyer should advance or loan such costs and be reimbursed for your recovery. A reasonable arrangement would be for you to advance a small amount of money for some expenses and for the employment attorney to advance the rest.
The court may award you lawyers' fees as part of the final judgment in certain kinds of workplace and employment-related lawsuits, such as discrimination or harassment claims. This award, however, may not be sufficient to cover the full amount owed to your Los Angeles Employment Lawyer under the legal fee contract. As a result, the contingency fee agreement should specify what happens if a court orders attorneys' fees.
One option is to have the attorney's fees paid in full and then deduct that amount from the contingency fee on your award. Another option, which is less favorable to you, is to add the fees and damages awards together and calculate the attorney's contingency fee on the total.
Managing Your Employment Attorney
The majority of lawyer complaints center on their inability to connect with their clients. Although your lawyer has legal expertise, the rights being pursued are yours—and you are the most important person involved in your case.
You have the right to expect your California Employment Attorney to be accessible to answer your questions and keep you informed about your case. You may have to devote some time and effort to manage your lawyer.
Check each statement thoroughly. Costs that the lawyer has paid for or that you are expected to pay should be listed on each statement or bill. If you have any reservations about whether a bill complies with your written fee agreement, contact your lawyer and respectfully request a new, more detailed version before paying it. Don't worry if you seem overbearing: many states' laws actually require lawyers' bills to be extremely detailed.
Research. Learn everything you can about the rules and rulings that apply to your case. You will be able to keep track of your lawyer's progress and may even be able to make a recommendation or provide information that may help your case move forward more quickly. If the other side offers a settlement, you'll be in a better position to decide whether it's worthwhile to accept it.
Remember dates and deadlines. Keep track of when your court filings and appearances are due. If you heavily rely on your California Employment Lawyer to keep your case on track, you may be disappointed to learn that a crucial deadline has been missed. Good cases have been tossed out due to a lawyer's lapse in memory. Inquire about plans to meet any key deadline in your case at least a week ahead of time by calling or writing to your lawyer.
Maintain a separate file for your case. You will be able to discuss all relevant matters about your case with your lawyer intelligently and efficiently—even over the phone—if you have your own well-organized file. Being well-informed would aid in maximizing your lawyer's efficiency while lowering your costs. If your lawyer works on an hourly basis, you will almost certainly be charged for phone consultations. However, they will almost certainly be less expensive than office visits.
Firing Your Attorney
Consider asking another California Employment Attorney to take over if your business and relationship with a hired lawyer does not seem to be working out or if you honestly think your case is not advancing as it should. If you're in the middle of a lawsuit, keep in mind that the judge may need to approve the switch—and he or she has the authority to refuse it if the change is expected to cause an unreasonable delay or prejudice the other side.
If you are able and willing to switch employment attorneys, the first thing to do is announce that you will be taking your business elsewhere and giving him or her a written notice of your decision as soon as possible. Consider asking another lawyer to take over if your relationship with your current one isn't working out.
Find The Top Rated Employment Lawyer in California
Now that you have seen your options, do you have a case? Even if you're not sure, the best way is to ask California Employment Attorneys or Employment Law Firms in California. A lot of private firms offer free initial consultations, even online. 1000Attorneys.com has a 24/7 live chat for any inquiries about you case.
