Under California labor laws, non-exempt employees are entitled to overtime pay at one and a half times their regular rate of pay for hours worked over 8 in a workday or 40 in a workweek. Additionally, employees are entitled to double their regular rate of pay for hours worked over 12 in a workday and for hours worked beyond 8 on the seventh consecutive workday in a workweek.
Retaliation against employees for reporting workplace misconduct is generally prohibited by law. In Los Angeles, as well as throughout California, the California Labor Code and the California Fair Employment and Housing Act (FEHA) provide protections against retaliation for employees who report or oppose illegal activities or workplace misconduct, such as discrimination, harassment, or other violations of labor laws. If you experience retaliation for reporting workplace misconduct, you may have legal remedies available to you.
In Los Angeles, as in the rest of California, employers generally have the right to require drug testing under certain circumstances. However, the specific rules and requirements for drug testing vary depending on factors such as the type of job, safety considerations, and the employer’s policies. Generally, pre-employment drug testing is more common than random or ongoing drug testing.
You would want to contact an employment lawyer if you have an issue with any of the following:
- Wrongful termination or unfair dismissal
- Workplace discrimination or harassment
- Wage and hour disputes, such as unpaid wages, overtime violations, or misclassification
- Employment contract review or negotiation
- Retaliation for whistleblowing or reporting illegal activities
- Violations of leave rights, such as Family and Medical Leave Act (FMLA) or California Family Rights Act (CFRA) rights
- Severance package review or negotiation
Yes, there are laws in place to protect LGBTQ+ individuals in the workplace throughout California. The California Fair Employment and Housing Act (FEHA) prohibits discrimination and harassment based on sexual orientation, gender identity, and gender expression. It also requires employers to provide equal employment opportunities and reasonable accommodations to LGBTQ+ employees.
You should review your employee contract to see if there was any violation. You will want to document any details that pertain to your termination – this includes emails, performance evaluations, and witness statements. After that you should contact a Los Angeles employment lawyer to help you understand the employment laws and help you file a complaint.
While independent contractors have fewer employment rights compared to employees, they still have legal protections in certain areas. For example, independent contractors are protected against discrimination and harassment based on protected characteristics, such as race, gender, religion, and others. They are also protected from retaliation for engaging in protected activities, such as reporting violations of the law.
Workplace discrimination refers to unfair treatment or unfavorable actions taken against an individual or a group of individuals based on their protected characteristics. In California, protected characteristics include race, color, national origin, ancestry, religion, sex, gender identity, gender expression, sexual orientation, age, disability, medical condition, genetic information, marital status, and military or veteran status.
You should first contact your former employer to ensure that there wasn’t an error. You will want to do this in an email to keep a paper trail of the conversation. If they still refuse to give you your final paycheck you will want to file a wage claim and contact an employment lawyer.
Being an at-will employment state means that, in general, either the employer or the employee can terminate the employment relationship at any time, for any lawful reason, or for no reason at all, without incurring liability.
As of January 1, 2023 the minimum wage for the state of California is $15.50 an hour. This is for both companies that have 26 or more employees and those with 25 or less.
California is an “at-will” employment state, which means that, in general, an employer can terminate an employee for any lawful reason or no reason at all, as long as it is not for a discriminatory or retaliatory purpose. However, there may be exceptions and limitations to at-will employment, such as certain contractual agreements, implied promises, or statutory protections.
California has robust anti-discrimination laws to protect employees from various forms of discrimination. The primary anti-discrimination law in California is the California Fair Employment and Housing Act (FEHA). FEHA prohibits discrimination based on protected characteristics, including but not limited to race, color, religion, sex, national origin, disability, age, and genetic information. FEHA applies to employers with five or more employees and covers various aspects of employment, including hiring, firing, promotion, compensation, and working conditions.
Generally, non-compete agreements in California are heavily restricted and may not be enforceable, with limited exceptions. California Business and Professions Code Section 16600 declares non-compete agreements as void and unenforceable, except in certain limited situations, such as in connection with the sale of a business or for certain categories of professionals.
California labor laws provide specific requirements for meal and rest breaks. In general, non-exempt employees (i.e., employees entitled to overtime pay) are entitled to a 30-minute unpaid meal break if they work for more than five hours in a workday. If an employee works more than ten hours in a workday, they are entitled to a second 30-minute unpaid meal break. Additionally, employees are entitled to paid rest breaks of at least 10 minutes for every four hours worked or major fraction thereof. Employers generally must provide these breaks, but there are certain exceptions and specific rules that apply.
Whether you were fired or if you quit your employer does have to pay out your vacation days or POT with your final paycheck.
The timeframe to file an employment-related claim in California depends on the specific claim and the agency or court where the claim is filed. For discrimination cases you typically have one year from the date of discrimination. Wage and hour claims you typically have three years to file.
Severance agreements are typically negotiable, and you have the right to negotiate the terms of the agreement with your employer. Severance agreements often include provisions related to severance pay, continuation of benefits, non-disclosure agreements, non-compete clauses, and more. You can negotiate various aspects of the agreement, such as the amount of severance pay, the duration of continued benefits, or the inclusion of certain provisions.
In California, employers have the right to monitor employee internet searches and emails under certain circumstances. While employees generally have an expectation of privacy in their personal communications, employers may monitor work-related communications and use of company resources, including company-provided email and internet access.
Generally, employers cannot make deductions from an employee’s paycheck unless authorized by law or with the employee’s written consent. The deductions required by law include taxes, court-ordered wage garnishments, and social security. It’s important to note that any authorized deductions must not bring the employee’s wages below the minimum wage or reduce the employee’s overtime compensation.
