California Employment Lawyers
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Our California Employment Lawyers Offer Experience And Knowledge When You Need It Most
Our California employment lawyers help workers facing unfair treatment, discrimination, or wrongful termination. If you were laid off under questionable or unclear circumstances, our team can explain your rights and guide you through the process. Call Arash Law at (888) 488-1391 for a free consultation.
Many workers are unsure of their rights in the workplace. California labor laws are detailed and constantly changing, making it hard to keep up. Some employers take advantage of this complexity.
Our team explains these protections clearly. The law covers wages, overtime, breaks, medical or family leave, and wrongful termination. It also prohibits discrimination based on race, gender, age, and other protected categories.
California’s legal framework gives employees the right to demand fair treatment. Our attorneys handle wrongful termination, wage and hour disputes, discrimination, and related workplace cases.
Why Employees Choose Our Firm
Our California employment lawyers understand the state’s complex labor laws. California’s Labor Code protects employees against unfair treatment in many areas, including wages, breaks, discrimination, and retaliation.
Here is how we support our clients:
- Clear Communication — We keep you informed about your case and are available 24/7.
- Negotiation Skills — Our attorneys have experience negotiating with employers and their representatives.
- Litigation When Needed — If settlement talks don’t resolve the issue, we review whether taking the case to court is appropriate.
- Proven Advocacy — We have represented many employees in workplace disputes, focusing on remedies allowed under the law.
Settlement involving a client who was catastrophically injured when he fell from a height of 4 stories down a shaft. This is a record breaking California Workers’ Compensation settlement.– TINA ESHGHIEH
How Our Employment Attorneys Work To Protect Your Rights
At Arash Law, our California employment lawyers follow a clear process to understand and address your concerns:
- Initial Consultation — We listen to your situation, ask questions, and review the circumstances around your case.
- Evidence Gathering — Our team may collect key documents and information, such as:
- Emails and correspondence with your employer.
- Witness accounts from coworkers.
- Past performance reviews and contracts.
- Notes about potential violations.
- Other work-related records.
- Legal Analysis — We review the evidence and compare it against current employment laws to identify possible violations.
- Strategy Development — Based on our findings, we design a legal strategy tailored to your circumstances.
This step-by-step approach helps ensure that your case is reviewed carefully and that you understand your rights at each stage.
Understanding Employment And Labor Law In California
People often use “employment law” and “labor law” interchangeably, but they address different issues. The table below shows the main differences:
| Employment Law | Labor Law |
|---|---|
| Protects individual workers | Protects groups of employees |
| Covers issues like harassment, discrimination, minimum wage, and wrongful termination | Covers union rights, collective bargaining, and strikes |
| Focuses on the relationship between the employer and one employee | Focuses on the relationship between employers, unions, and organized workers |
| Provides protections against unfair treatment at work | Balances bargaining power between employers and employees |
California is known for strong employment laws. For example, the state has stricter overtime rules and broader anti-discrimination protections than federal law.
Whether you are facing unpaid wages, discrimination, or need your employment contract reviewed, having experienced California employment lawyers by your side can help you understand your options.
Important Employment Laws In California
California has some of the strongest workplace protections in the country. These laws cover wages, discrimination, family leave, and more. Knowing your rights can help you recognize when an employer may be breaking the law.
Americans with Disabilities Act (ADA) — The ADA is a federal law that protects workers with disabilities from discrimination. It requires employers to give equal opportunities in hiring, pay, and promotions.
You are considered disabled under the ADA if you:
- Have a condition that limits daily activities.
- Have a history of such a condition.
- Are seen by others as having a disability.
Employees may also request reasonable accommodations, such as:
- Flexible schedules for medical appointments.
- Accessible work areas.
- Reassigned job tasks.
- Assistive technology.
- California Family Rights Act (CFRA) — The CFRA gives eligible workers up to 12 weeks of unpaid, job-protected leave each year for:
- Caring for a family member with a serious health condition.
- Recovering from your own health condition.
- Bonding with a newborn, adopted, or foster child.
- Certain family emergencies.
Your job is protected while on leave, and employers cannot retaliate against you for using it.
Family and Medical Leave Act (FMLA) — The FMLA is a federal law that also allows up to 12 weeks of unpaid leave in 12 months. Health insurance continues while you are on leave.
You may use FMLA for:
- Caring for a new child (birth, adoption, or foster).
- Caring for a spouse, parent, or child with a serious condition.
- Recovering from your own serious condition.
- Certain military family needs.
- Caring for a service member with a serious injury (up to 26 weeks).
FMLA and CFRA often overlap, but they are not identical.
Pregnancy Disability Leave (PDL) — PDL gives California employees up to four months of leave per pregnancy when they cannot work due to pregnancy, childbirth, or related health issues.
Key protections:
- Leave can be used before or after childbirth.
- It may be combined with CFRA or FMLA for extra time.
- Employers must continue health insurance.
- Workers have the right to return to their job or a similar role.
- California Fair Employment and Housing Act (FEHA) — The FEHA is California’s main anti-discrimination law. It protects workers from unfair treatment based on:
- Age (40+)
- Race, ethnicity, or national origin
- Religion
- Sex, gender, or pregnancy
- Sexual orientation or gender identity
- Disability or medical condition
- Marital status
- Military or veteran status
FEHA requires employers to:
- Prevent and address harassment.
- Avoid discrimination in hiring, firing, and promotions.
- Provide reasonable accommodations when needed.
This law offers stronger protections than federal laws and helps ensure fair treatment in California workplaces.
California Labor Code And Wage Orders
The California Labor Code and Industrial Welfare Commission Wage Orders set rules for wages, hours, and working conditions. These include pay for hours worked, required breaks, overtime, and reimbursement for job expenses.
- Meal Breaks
- At least 30 minutes for shifts over 5 hours.
- A second 30-minute break if working more than 10 hours.
- Employees must be fully off duty during breaks.
- Rest Breaks
- 10 minutes for every 3.5 hours worked.
- Breaks must be free of work duties and cannot be skipped under pressure.
- Overtime — Overtime pay laws are there to make sure employers don’t overwork their employees without fair compensation.
- Daily: 1.5x pay after 8 hours, 2x pay after 12 hours.
- Weekly: 1.5x pay after 40 hours in a week.
- Seventh day in a row: 1.5x pay for first 8 hours, 2x pay after 8 hours.
- Off-The-Clock Work — Employers must pay for all hours worked. Examples of unpaid “off-the-clock” work include:
- Checking emails before clocking in.
- Preparing or cleaning up after a shift.
- Working through required breaks.
If an employer fails to follow these rules, employees may have legal claims for unpaid wages and penalties.
Independent Contractors In California
An independent contractor under the California Labor Code is someone who works for pay but controls how the work is done. They usually run their own business, set their own hours, and can work for multiple clients. Unlike employees, they are not closely managed day to day.
Independent contractors often:
- Choose when and where they work.
- Decide their rates.
- Use their own tools or equipment.
- Offer specialized services that a company does not normally provide.
The ABC Test
California uses the ABC test to decide if a worker is an employee or an independent contractor. A worker is an employee unless:
- They are free from the company’s control.
- Their work is outside the company’s usual business.
- They normally run their own business in that type of work.
If a company wrongly classifies employees as contractors, workers may lose important rights, such as:
- Minimum wage and overtime pay.
- Paid breaks.
- Workers’ compensation and unemployment benefits.
- Misclassification can cause financial and legal problems for both workers and companies.
Common Cases Our Employment Lawyers Handle
California law protects workers, but unfair practices still happen. Our employment lawyers handle many workplace cases, including:
- Wrongful Termination — Employees should not be fired for unlawful reasons, such as:
- Discrimination (race, gender, age, disability, religion, sexual orientation, etc.).
- Retaliation (reporting illegal activity or exercising legal rights).
- Violation of public policy (refusing illegal work or doing a protected activity).
- Wage and Hour Issues — Some employers fail to pay workers properly. Common problems include:
- Paying less than minimum wage (California’s minimum wage is $16.50/hour in 2025, with higher rates for some workers).
- Replacing overtime pay with time off.
- Pooling tips with non-tipped employees.
- Off-the-Clock Work — Workers must be paid for all hours worked, including:
- Tasks before or after shifts.
- Work during meal or rest breaks.
- Responding to emails or calls after hours.
- On-call time.
- Expense Reimbursement — Employers must repay workers for necessary expenses, such as:
- Mileage and travel costs.
- Home office or internet costs.
- Uniform or work equipment expenses.
- Misclassification — Some employees are wrongly labeled as “independent contractors.” Misclassification can deny workers:
- Overtime pay.
- Benefits and protections.
- Workers’ compensation coverage.
- Workplace Discrimination — Unfair treatment based on race, gender, religion, disability, age, or other protected status is illegal.
- Workplace Harassment — Harassment may include verbal abuse, threats, offensive jokes, or unwanted physical contact. It creates a hostile work environment and affects job performance and well-being.
- Whistleblower Retaliation — Employers cannot punish workers for reporting illegal conduct. Retaliation may include:
- Demotion or write-ups
- Reduced hours or pay
- Denied promotions
- Termination
- Leave of Absence Issues — Workers have the right to take time off for medical needs, family care, jury duty, or military service under laws like CFRA and FMLA. Employers cannot deny or retaliate against employees for taking protected leave.
When To Contact An Employment Lawyer In California
Standing up for your rights can feel overwhelming. Here are signs it may be time to speak with an attorney:
- Your Employer Ignores Serious Issues — If you report problems like wage theft, discrimination, harassment, or wrongful termination and nothing is done, legal help may be needed. Ignoring these issues can lead to stress, financial losses, and career setbacks.
- You Feel Unsafe at Work — No one should work in fear. Harassment, bullying, threats, or physical harm create a hostile workplace. If you feel unsafe or intimidated or are in fear of workplace violence, an employment attorney can help you explore your legal options.
- You Face Retaliation — Retaliation is when an employer punishes you for reporting misconduct. Examples include:
- Termination or demotion
- Negative reviews
- Denied raises or promotions
- Sudden job changes or hostility
Retaliation is illegal, and you may have legal remedies.
- You Are Not Paid Fairly — Employers must pay minimum wage, overtime, and benefits. Common violations include
- Unpaid wages or overtime.
- Denial of meal and rest breaks.
- Illegal deductions.
- Misclassification as an independent contractor.
- Failure to pay final wages after termination.
An employment lawyer in California can review your pay records, explain your rights, and guide you through filing a claim or lawsuit if needed. They can also handle communications with your employer or state agencies to help recover the wages and benefits you are owed.
What To Ask An Employment Lawyer
When choosing an attorney, it helps to ask clear questions. Here are some to consider, along with why they matter:
- How long have you practiced employment law?
Look for a lawyer with direct experience handling workplace cases.
- What experience do you have with California and federal laws?
Employment laws vary, and you’ll want someone familiar with both state and federal rules.
- What are my rights as an employee?
A lawyer should explain your rights in simple terms, including at-will work and union protections.
- What legal options do I have?
The attorney should outline your possible options, such as filing a claim, negotiating, or going to court.
- How long do cases like mine usually take?
This helps set realistic expectations about the process and timeline.
- How will we communicate during the case?
Ask about preferred methods, such as phone, email, or in-person meetings.
- Do you have client testimonials or references?
Feedback from past clients can give you an idea of their approach and professionalism.
- What is your fee structure?
Some lawyers charge hourly, while others may work on a contingency fee basis. In that arrangement, the fee is taken from any settlement or judgment if there is a recovery. Attorneys will also explain any potential case-related costs before moving forward. Results are not guaranteed.
How To Report Employment Law Violations In California
If you believe your rights have been violated at work, here are the basic steps to take:
- Gather Evidence — Save emails, timecards, pay stubs, or other records. Write down dates, times, and names connected to the problem.
- Check Company Policies — Review your handbook or reporting procedures, if available.
- Report Internally — Notify your supervisor, HR, or the person responsible for handling complaints.
- File a Complaint with an Agency — Contact the appropriate government agency to file a complaint.
- California Civil Rights Department (CRD) — Handles discrimination, harassment, and retaliation.
- California Labor Commissioner’s Office (DLSE) — Handles wage and hour claims or unpaid wages.
- Equal Employment Opportunity Commission (EEOC) — Handles federal discrimination claims.
- Consult an Employment Lawyer — An attorney can explain your rights, guide you through the process, and represent you if needed.
- Follow Up — Stay in touch with the agency. Retaliation for filing a complaint is illegal, and you can report it if it happens.
When Should I Report Labor Code Violations?
Some deadlines (statutes of limitations) for employment claims can be short. Here are examples:
| Type of Claim | Example Deadline |
|---|---|
| Union claims (breach of contract + unfair representation) | 6 months |
| Discrimination, harassment, retaliation – file with CRD (formerly DFEH) | 3 years from the incident |
| Discrimination, harassment, retaliation – lawsuit after Right-to-Sue Notice | 90 days from the notice |
| Certain Labor Code penalties | 1 year |
| Defamation | 1 year |
| Wrongful termination or retaliation (most cases) | 1 year |
| Breach of oral contract Breach of written contract |
2 years 4 years |
| Emotional distress based on workplace conduct | 2 years |
| Unpaid wages or overtime | At least 3 years |
| Fraud | 3 years |
These are examples only. Deadlines vary depending on the type of claim and your specific situation. Missing a deadline could affect your case, so it’s best to act quickly and seek legal guidance.
What Can I Get From An Employment Lawsuit?
The compensation available in an employment lawsuit depends on the facts of your case. Common examples include:
- Lost pay and benefits. You may receive wages, health insurance, vacation, or retirement contributions that you missed.
- Future losses. You may be compensated for the pay you would have earned if you had not been wrongfully terminated.
- Missed opportunities. You may recover for career opportunities you lost, such as promotions or raises.
- Emotional distress damages. You may be awarded compensation for stress, anxiety, or other harm caused by discrimination, harassment, or retaliation.
- Civil penalties. Some cases allow for fines under California labor laws.
- Punitive damages. In rare cases, courts may award extra damages to punish especially serious misconduct.
Each case is different, and the results depend on the specific facts, the evidence available, and the laws that apply to your situation. The type and amount of compensation cannot be guaranteed, but an employment lawyer can review your case, explain your options, and help you pursue the remedies available under California law.
Class And PAGA Actions
Some workplace issues affect many employees, not just one. In these situations, workers may join together in a class action or file a PAGA claim. Both are powerful tools to hold employers accountable.- Class Actions — A class action is when a group of employees with similar claims joins together in one lawsuit. Here’s what you should know:
- A “class representative” speaks on behalf of the group.
- Benefits include shared costs, stronger leverage, and efficiency for the court.
- Common in wage and hour disputes or discrimination cases.
- PAGA Actions — A PAGA action allows employees to act on behalf of themselves, other workers, and the state to enforce labor laws. Here’s how it works:
- Stands for the Private Attorneys General Act.
- Lets employees file lawsuits for labor code violations on behalf of themselves, other workers, and the state.
- Requires notice to the California Labor and Workforce Development Agency (LWDA) before filing.
- Penalties are split: 25% to employees, 75% to the state.
| Class Action | PAGA Action |
|---|---|
| Brought by a group of employees with similar claims. | Brought by employees on behalf of themselves, coworkers, and the state. |
| Focuses on employee compensation. | Focuses on civil penalties for labor violations. |
| Requires class certification by the court. | Requires notice to the LWDA before filing. |
| Benefits shared among class members. | Penalties split between workers (25%) and the state (75%). |
Both class actions and PAGA actions give employees strong tools to challenge unlawful practices and improve workplace conditions. Employment lawyers can guide workers in choosing the right approach, file the required notices and documents, and represent them in negotiations or court.
Frequently Asked Questions On Employment Law Cases
Employment law can be confusing, and many workers are unsure of their rights. These FAQs cover common questions employees in California often ask about workplace issues.
How Do I Know If I'm Misclassified As An Independent Contractor?
In California, you may be misclassified if:
- Your employer controls how, when, and where you work.
- Your work is part of the company’s regular business.
- You do not run an independent business of your own.
- You have little flexibility in your schedule or duties.
If you are misclassified, you may be able to claim:
- Unpaid wages and overtime.
- Reimbursement for work expenses.
- Benefits such as health insurance, retirement, or paid leave.
- Compensation for missed meals and rest breaks.
- Legal protections against discrimination or retaliation.
- Penalties and interest if your employer broke the law.
Am I Correctly Classified As An Exempt (Salary) Employee?
You may be misclassified if:
- Your main job duties are not executive, administrative, or professional.
- Your salary is below the minimum required by California law ($68,640 in 2025).
If you are misclassified, you may be able to recover:
- Unpaid overtime.
- Compensation for missed meals and rest breaks.
- Penalties for inaccurate wage statements.
- Interest and other penalties for unpaid wages.
What Are Some Examples Of Workplace Harassment?
Workplace harassment can take many forms, such as:
- Sexual Harassment — Unwanted comments, touching, requests, or behavior of a sexual nature.
- Racial or Religious Harassment — Offensive jokes, slurs, or unfair treatment based on race, ethnicity, or religion.
- Age-based Harassment — Negative treatment or comments directed at workers because they are over 40.
- Cyberbullying — Harmful messages, emails, or posts from co-workers or supervisors that target you online.
Harassment creates a hostile work environment and is illegal under California law.
What Are The Most Common Forms Of Workplace Discrimination?
Workplace discrimination can happen in many ways, such as:
- Being overlooked for a promotion because of gender, even if you are more qualified.
- Being denied a job because of your race.
- Not being hired because you have a disability.
- Being excluded from training, projects, or opportunities because of your religion.
- Being laid off or demoted only because of your age, even if your work performance is strong.
These are examples of illegal discrimination based on protected characteristics under California law. Employees who experience this may have legal options to protect their rights.
What Is Workplace Retaliation And How Do I Recognize It?
Workplace retaliation happens when an employer punishes an employee for reporting misconduct or exercising legal rights. It is illegal under California law and can include:
- Termination — Being fired, laid off, or forced to quit.
- Demotion — Losing your title or pay.
- Negative Reviews — Unfair evaluations that hurt your job security or advancement.
- Harassment — Bullying, criticism, or a hostile work environment.
- Reassignment — Being moved to a less desirable job or location.
- Exclusion — Being left out of important meetings or decisions.
Signs of retaliation may include:
- Timing — Adverse actions happening soon after you make a complaint.
- Pattern of Behavior — A sudden change in how you are treated at work.
- Unusual Discipline — Warnings or write-ups for minor or false reasons.
- Isolation — Being excluded from meetings, projects, or interactions.
- Job Status Changes — Unexpected changes to your duties, pay, or position.
What Steps Can I Take If I’m Experiencing Retaliation At Work?
- Document Everything — Write down each retaliatory action, including dates, times, witnesses, and details of what happened.
- Save Evidence — Keep copies of emails, texts, voicemails, or other records that support your claim.
- Report the Retaliation — Notify your employer in writing and follow any company procedures for reporting workplace issues.
- File a Complaint — You may file with the California Civil Rights Department (CRD) or the U.S. Equal Employment Opportunity Commission (EEOC). Both agencies investigate retaliation claims.
- Seek Legal Advice — California employment lawyers can explain your rights, help you file claims, and represent you if further action is needed.
Should I Hire An Employment Lawyer?
Whether you need an attorney depends on your case. California employment lawyers can guide you through complex laws, handle filings, and represent you in disputes.
Hiring a local lawyer has advantages:
- They know California’s employment laws and procedures.
- They are familiar with local courts and agencies.
- They are accessible for in-person meetings and easier communication.
- They may save you time and costs compared to out-of-state attorneys.
An experienced employment attorney can help you understand your rights and options under California law. The outcome of any case will depend on the specific facts and circumstances.
How Much Will An Employment Lawyer In California Cost?
The cost of hiring an employment lawyer in California depends on the details of your case and the lawyer’s fee structure. Common arrangements include:
- A flat fee, where the lawyer charges a set price for straightforward services.
- Hourly billing, where the lawyer charges by the hour, and the rate may vary depending on who works on your case.
- A sliding scale, where the lawyer’s fee is based on your income, with lower earners paying less.
- A contingency fee, where the lawyer is paid from any settlement or judgment if there is a recovery.
At Arash Law, our California employment lawyers work on a contingency fee basis, where you do not pay upfront. Our fee comes from any recovery if your case is successful. All details of the fee agreement, including any potential additional costs, will be explained before we move forward. While outcomes depend on the specific facts of each case, our team will guide you through the process and explain your options clearly.
Connect With California Employment Lawyers For Help
If you believe your employer has violated wage and hour laws, discriminated against you, or engaged in other unlawful practices, you may benefit from speaking with an attorney. Our team can answer questions, explain your rights, and discuss your options under California law.
We carefully review each case and help clients understand the legal process. Depending on the facts, cases may be resolved through negotiation or, when appropriate, in court.
Call (888) 488-1391 for a free initial consultation with our California employment lawyers. All fee arrangements, including contingency fees and any costs, will be explained before representation begins.
Arash Law offers employment law services throughout California, including Los Angeles, Long Beach, Pasadena, Sherman Oaks, Sacramento, Orange County, San Francisco, Riverside, San Diego, Bakersfield, San Jose, and Oakland.
