California Employment Lawyers
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Our California Employment Lawyers Offer Experience And Knowledge When You Need It Most
Are you being treated unfairly or discriminated against at work? Did you get laid off on unclear or unjustified grounds? Don’t stay silent. Let our California employment lawyers protect your right to a fair and safe work environment. Having a strong legal advocate on your side ensures your voice is heard and your interests are protected. Call Arash Law now at (888) 488-1391 for a free initial consultation.
Employees often struggle to understand their rights and responsibilities in the workplace. Keeping up with all labor codes and employment regulations can be challenging. Unfortunately, some employers exploit the fact that California’s employment laws are among the most complex in the country.
Employees who consult with our employment attorneys in California are often surprised to learn that employment laws safeguard their rights as the workforce instead of protecting the company. Employment laws in the Golden State cover areas like wages, overtime, breaks, leaves, and even wrongful dismissal. They also prohibit discrimination based on factors like race, gender, and age.
Despite these regulations, violations continue to occur at many of the state’s major companies. However, California’s legal framework empowers you to fight for fair treatment. Our experienced employment attorneys can help resolve the legal problems you’re facing at your job. We have extensive knowledge of a wide range of employment law issues, including wrongful termination, discrimination, wage and hour disputes, and more.
California’s Trusted Employment Lawyers For Decades
For many decades, our employment lawyers in California have handled thousands of workplace injury and employment cases. We’ve helped our clients secure more than $500 Million in compensation for the pain and suffering they experienced at the hands of others.
It’s easy to feel like the odds are stacked against you when you’re fighting against a powerful employer. Our personal injury attorneys and employment lawyers in California understand what you’re going through, and we know what to do to ensure you’re treated and compensated fairly for your experiences.
Here’s Why Many Employees In California Place Their Trust In Us
- Our lawyers have a deep knowledge of California’s employment laws. The Golden State has an elaborate Labor Code that protects employees from unfair treatment at their place of employment. The average worker may find it difficult to keep track of all the laws that are passed over time. However, our attorneys stay on top of all the latest regulations, so when you call us, we can explain your rights to you.
- Our clients trust us to be completely honest and transparent with them. At Arash Law, we firmly believe in keeping our clients informed about any developments regarding their cases. If you choose us, we’ll discuss potential strategies openly with you and keep you posted every step of the way. Our lines are open 24/7 for you to call.
- Our California employment lawyers are skilled negotiators who never back down. We’re known to achieve a positive resolution for many of our clients through out-of-court negotiations. We’ll be your voice, ensuring your concerns are heard and addressed at the negotiation table.
- Our attorneys are experienced litigators who win cases. If we don’t agree on the terms laid out during negotiations, our attorneys are not afraid to take your claim to court. They will prepare a solid case to present in front of a judge and jury to win you the compensation you deserve.
- Our proven track record says it all. We have a long and successful history of resolving employment disputes for our clients. Our lawyers fight tirelessly to get you what you’re owed for the injustice you experienced at your workplace.
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
The employment lawyers at Arash Law work systematically. First, we will take the time to understand your unique situation. During our initial consultation, we’ll listen to your concerns, ask relevant questions, and evaluate the circumstances surrounding your case.
Next, our team will gather the key pieces of evidence needed to prove your case. We’ll analyze correspondence between you and your employer, witness accounts from your coworkers, past performance reviews, contracts, notes detailing any violations by your employer, and other work records.
Once we have all the necessary information, we’ll conduct a thorough legal analysis. Our labor and employment attorneys will meticulously examine your situation against current laws to pinpoint any potential violations. Based on our findings, our team will develop a tailored strategy for your case. You can depend on our California personal injury lawyers to represent your best interests and protect your rights throughout the process.
Is There A Difference Between Employment Law And Labor Law?
Employment law and labor law are often used interchangeably. However, there are key distinctions between them that you need to understand, especially if you’re facing an employment dispute.
Labor law focuses on employees’ rights to organize into unions and take collective action to improve working conditions and pay. It protects groups of employees, labor unions, and employers. Labor laws were established to correct the inequalities in bargaining power between employers and employees.
Conversely, employment law safeguards the rights of individual workers in the workplace and outlines how they can be protected. It covers areas such as harassment, discrimination, and the minimum wage.
California’s employment laws are known for their progressive stance, particularly concerning workers’ rights. For example, the state has stricter overtime rules and broader anti-discrimination protections compared to federal law. This means California workers generally have more rights and resources when facing issues at work.
Whether you’re facing unpaid wages or discrimination, or you simply want your employment agreement reviewed, having expert California employment lawyers on your side can be beneficial. Our law firm in California can advise you on how to handle communication with your employer and ensure your rights are protected.
Our Attorneys Can Help You Vindicate Your Rights As An Employee
Our California employment lawyers have years of experience and a proven track record of successfully advocating for workers’ rights. With a deep understanding of both state and federal employment laws, our top employment attorneys are equipped to handle cases involving wrongful termination, wage and hour violations, workplace discrimination, harassment, retaliation, and more.
Additionally, we are committed to advocating for and raising awareness about labor laws to empower employees with the knowledge they need to protect their rights and ensure fair treatment in the workplace.
Important Laws All California Employees Should Know
Americans With Disabilities Act (ADA) And The Fair Employment And Housing Act (FEHA)
The Americans with Disabilities Act and Fair Employment and Housing Act are laws that prohibit discrimination against people with disabilities in everyday activities, including their jobs. According to these laws, a person has a disability if they have a physical or mental impairment that limits one or more major life activities, if they have a prior history or record of such a condition, or if other people think they suffer from one. If a person falls into any of these categories, the ADA and FEHA protect them against disability discrimination. Our employment lawyers in California agree that no one should be discriminated against for their differences.
Under the ADA and FEHA, employees with disabilities can request reasonable accommodations from their employers. These may include modifications or adjustments to the workplace or work duties to ensure that the individual can perform the essential functions of their job.
Some examples of reasonable accommodations include:
- Modified Work Schedules: Adjusting your work hours to accommodate medical appointments.
- Accessible Workspaces: Making physical changes to your workspace to ensure accessibility.
- Job Restructuring: Altering job duties or reallocating tasks that you cannot perform because of your disability.
- Assistive Technologies: Providing special equipment or software that helps you do your job.
California Family Rights Act (CFRA)
Every employee has the right to take time off from work for valid reasons. The California Family Rights Act is a state law that allows workers to take up to 12 weeks of unpaid, job-protected leave each year for certain medical and family reasons.
With this provision, workers don’t have to worry about losing their jobs when they take time off for certain events, such as taking care of a family member with a serious illness, or dealing with their own health issues. This gives them the peace of mind to focus on their personal and family needs without the added stress of job insecurity.
The CFRA ensures that employees can return to their jobs after taking necessary leave, promoting a healthier work-life balance and contributing to the overall well-being and productivity of the workforce. Our employment attorneys can attest to the fact that when employers support employees during critical life events, they also improve employee loyalty, satisfaction, and retention.
Family And Medical Leave Act (FMLA)
Similarly to the CFRA, the Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave of absence for specified family and medical reasons. During this leave, they are entitled to continued group health insurance coverage under the same terms as if they had not taken leave. Our employment attorneys help workers understand and exercise their FMLA rights by advising on their eligibility to take medical leaves, sick leaves, or other valid leaves under the provisions of the law.
- Caring for a newborn within the first year after birth
- Adopting or fostering a child within one year of placement
- Providing care to a spouse, child, or parent suffering from a serious health condition
- Suffering from serious health conditions that prevent the employee from working
- Attending to any qualifying exigency related to a spouse, child, or parent on active military duty (Employees who are the spouse, child, parent, or next of kin of a covered servicemember with a serious injury or illness may also take up to 26 weeks of military caregiver leave in a 12-month period.)
Pregnancy Disability Leave (PDL)
The Pregnancy Disability Leave is available to employees who become disabled due to pregnancy, childbirth, or related medical conditions. This work leave law allows for up to four months of disability leave per pregnancy. The PDL works with other leave laws to provide employees with additional protected time off work when needed.
If you want to know more about how this law applies to you, our legal team can answer your questions. Call (888) 488-1391 to speak with one of our California employment lawyers in a free consultation.
California Fair Employment And Housing Act (FEHA)
The Fair Employment and Housing Act (starting with California Government Code Sections 12900) provides robust protections against harassment and discrimination in employment based on numerous characteristics, including:
- Age (40 and over)
- National Origin
- Mental or Physical Disability
- Medical Condition
- Marital Status
- Race
- Religion
- Sex
- Sexual Orientation
- Gender Identity
- Military or Veteran Status
Our employment attorneys are well-versed in the nuances of the FEHA. We can provide expert guidance and representation to ensure that employees’ rights are protected.
Whether dealing with wrongful termination, denial of medical leave, or any form of discrimination, our attorneys specializing in employment law are prepared to handle these complex cases. We will seek justice and ensure fair treatment for our clients. Additionally, by educating employees about their rights under FEHA, we empower them to stand up to unfair treatment and maintain an equitable workplace.
Labor Code And Industrial Welfare Commission Wage Orders
The Labor Code and Industrial Welfare Commission include rules that govern the conditions of employment across all industries in California. Some of these rules include payment for hours worked, meal and rest breaks, sick time, and reimbursement for business expenses.
Meal Breaks
In California, employers must provide non-exempt employees with a meal break of at least 30 minutes to employees who work more than five hours per day. If an employee works more than ten hours, they are entitled to a second meal break of at least 30 minutes. Employees must be relieved of all duties during their breaks. Employers must keep records of employees’ meal breaks.
Rest Breaks
Employers must also provide 10-minute rest breaks whenever non-exempt employees work at least 3.5 hours in a day. Employees must be relieved of all duty during their breaks and cannot be pressured to skip or work through their breaks.
Overtime
Overtime pay laws are there to make sure employers don’t overwork their employees without fair compensation.
Daily Overtime: If you work more than 8 hours in a single day, you should be paid:
- 1.5 times your regular hourly rate for hours worked beyond 8 hours.
- 2 times your regular hourly rate for hours worked beyond 12 hours.
Weekly Overtime: If you work more than 40 hours in a single workweek, you should be paid:
- 1.5 times your regular hourly rate for hours worked beyond 40 hours.
Seventh Day Overtime: If you work seven consecutive days in a workweek, you should be paid:
- 1.5 times your regular hourly rate for the first 8 hours on the seventh day.
- 2 times your regular hourly rate for hours worked beyond 8 hours on the seventh day.
Off-The-Clock Work
Sometimes, employers fail to pay employees for every hour worked. This may be because of off-the-clock work, where the employee performs outside of their scheduled work hours without compensation. This can include tasks done before clocking in or after clocking out, such as checking emails, preparing work-related materials, or finishing up assignments.
Our attorneys for employee rights violations have encountered many cases wherein the worker was unaware of these provisions. Many employers take advantage of this fact by making them clock out during mandated breaks or refusing to give them any at all. Our employment lawyers oppose these unfair practices and are dedicated to fighting for the rights of employees.
Most Common Lawsuits Our Employment Lawyers Handle
California employment law protects workers from various unfair practices. Even so, harassment, discrimination, retaliation, and failure to pay employees properly persist in many workplaces.
Our expert California employment attorneys offer a supportive and results-oriented approach to resolving your employment concerns. Our employment attorneys are dedicated to advocating for employees and ensuring their rights are protected. We handle a wide range of employment law cases, focusing on providing the highest level of legal representation and support. Below are the types of cases we handle most often:
Wrongful Termination
No one should be fired for unlawful reasons. We handle wrongful termination cases where employees are terminated due to:
- Discrimination: Based on race, gender, age, religion, disability, sexual orientation, or other protected characteristics.
- Retaliation: For reporting illegal activities, filing a complaint, or exercising your legal rights.
- Violation of Public Policy: For refusing to engage in illegal activities or for performing a legally protected activity.
Failure To Properly Pay Employees
Wage theft is a widespread practice perpetrated by greedy businesses that want to cut costs and maximize profits. It is completely illegal and exploitative of workers. Sadly, it’s among the most common cases our California employment lawyers handle in the state.
Some examples of wage theft and pay discrepancy cases include:
- Paying a worker less than the federal minimum wage (Effective January 1, 2024, the federal minimum wage in California is $16.00/hour.)
- Replacing overtime pay with paid time off when a worker works more than 40 hours in a week
- Pooling tips among tipped and non-tipped employees
The most common victims of wage theft are those working in hospitality, like servers and food delivery workers, as well as employees in IT, sales, and call centers. If you think you are a victim of wage theft, contact an employment lawyer in California immediately.
Working Off-The-Clock
Sometimes, employers fail to pay employees for every hour worked. This may be because of off-the-clock work, where the employee performs outside of their scheduled work hours without compensation. This can include tasks done before clocking in or after clocking out, such as checking emails, preparing work-related materials, or finishing up assignments.
Common Situations Leading to “Off the Clock” Work:
- Pre-Shift and Post-Shift Work: Employees may be required to perform tasks before clocking in or after clocking out, such as setting up workstations, attending briefings, or cleaning up.
- Work During Breaks: Employees may be asked to perform tasks during their meal or rest breaks.
- Remote Work: With the rise of remote work, employees might work outside regular hours, such as responding to emails or attending virtual meetings.
- On-Call Time: Employees who are required to remain on-call and perform work during this period should be compensated.
Expense Reimbursement
California law requires employers to reimburse you for necessary expenses you incur while doing your job. This includes:
- Travel expenses
- Mileage reimbursement
- Expenses related to working from home
- Uniform-related expenses
- Cell phone expenses
- Internet expenses
We specialize in representing employees in disputes against employers and can help you recover any unpaid wages, overtime, and expenses.
Misclassification Of Employment
Some employers might incorrectly classify workers as independent contractors or exempt employees to avoid paying more. As such, they are ineligible to claim the same benefits and protections as regular employees. This misclassification can deprive workers of overtime pay, health benefits, retirement plans, paid leaves, and even worker’s compensation. If you believe you have been misclassified, talk to the employment attorneys California recommends. We will help you identify any financial compensation you might be entitled to.
Workplace Discrimination
Discrimination can take many forms, including unfair treatment based on race, gender, religion, nationality, physical or mental disability, age, sexual orientation, or gender identity. Even within different industries, employees face workplace discrimination, whether from a workplace bully or the organization in general.
If you believe you’ve been a victim of workplace discrimination, take action as soon as possible. Our employment lawyers in California offer the best legal support you need when you’re treated unfairly by the people you work with.
Workplace Harassment
Workplace harassment is another common case our employment attorneys often encounter in California. It can take many forms, including verbal, physical, or psychological abuse, that severely affects employees’ well-being and performance. From sexual assault to threats, physical assaults, or being subjected to offensive jokes and slurs, office harassment creates a hostile and unsafe work environment.
Employees experiencing harassment live in constant fear and stress, struggling to concentrate and cope with work demands. This toxic atmosphere can suppress their willingness to take on upcoming challenges or express themselves due to fear of retaliation. Consequently, many harassed individuals feel compelled to leave their jobs, while others find their chances of promotion compromised. This abusive work environment not only affects their professional growth but also takes a toll on their overall well-being. In these cases, employees can turn to the best harassment lawyers to learn how to get compensated for emotional distress. Our dedicated team of California employment attorneys is committed to providing comprehensive legal representation to employees who are experiencing harassment in the workplace.
Whistleblower Retaliation
Retaliation occurs when an employer takes adverse action against an employee for engaging in protected activity, such as reporting discrimination, harassment, or illegal activity in the workplace or exercising their rights under employment laws.
Retaliation can take many forms, including:
- Unfair treatment, demotion, or write-up
- Reduction in hours or pay
- Denial of promotions or benefits
- Harassment or hostile work environment
- Termination
Whistleblower retaliation can also include wrongful constructive termination, where an employer makes working conditions so intolerable that the employee has no choice but to resign.
California’s whistleblower laws protect employees who report suspected legal violations, including wage and hour violations, criminal activity, violations of health and safety rules, harassment, and discrimination.
If you have experienced any of these actions after speaking up about workplace misconduct or illegal conduct, you may be a victim of retaliation. If successful, you may be entitled to a civil penalty, lost wages and benefits, emotional distress damages, punitive damages, and attorneys’ fees.
We are dedicated to protecting the rights of employees like you. We have a proven track record of success in handling retaliation claims against employers of all sizes and industries.
Leave Of Absence Issues
The hustle culture in California sometimes demands too much of employees to the point where they cannot take time off. Our employment attorneys frequently hear from overworked employees who are unable to take even one day off their work because their bosses prevent them from doing so. California laws provide robust protections for employees who need to take a leave of absence for family, medical, jury duty, or military work. There are laws that protect employees who take protected time off for these reasons. It ensures that employees can take leave for health reasons, to care for family members, or to give birth or adopt a child without risking their job security.
The California Family Rights Act and the federal Family and Medical Leave Act specify that employers must give eligible employees time off for these reasons without retaliation. It ensures that employees can take leave for health reasons, to care for family members, or to give birth or adopt a child without risking their job security.
What Does An Employment Lawyer Do?
- Informing clients of their rights, applicable laws, and options, such as litigation, mediation, and negotiation, and advising them on the best course of action in a particular case
- Ensuring compliance with anti-discrimination laws, occupational safety and health regulations, and environmental regulations
- Helping workers file complaints with the Equal Employment Opportunity Commission or other agencies, ensuring the deadlines and rules are met
- Offering assistance to workers in filing lawsuits or appeals for discrimination, wrongful termination, denied benefits, wage and hour claims, and non-compete agreements
- Dealing with wage claims, off-the-clock work, and misclassification to avoid overtime pay
- Taking action against discrimination on the basis of race, color, national origin, sex, religion, age, and disability
- Taking up class action lawsuits on behalf of multiple injured workers
- Preparing complaints for work-related injury claims involving third parties, communicating with opposing counsel, and appearing in court
- Protecting workers from union-related discrimination and informing them about their union rights
Our employment lawyers handle legal workplace disputes on behalf of employees. We are dedicated to holding exploitative and negligent employers accountable for their illegal conduct. Our skilled attorneys are intimately involved in every case we take on because we are committed to protecting the rights of hardworking people. If you hire us, you can expect comprehensive support for a range of employment issues, including wrongful termination, discrimination, harassment, wage and hour violations, and retaliation.
For workplace accidents, our work injury lawyers in California can help you recover compensation for your medical expenses and lost wages. We will also look for potential instances of negligence that may entitle you to a personal injury claim.
What To Ask An Employment Lawyer
Don’t know how to find a good employment lawyer? Asking the right questions can help you identify a qualified and experienced legal advocate who can effectively handle your case. Here are the key questions to ask when hiring an attorney for your employment dispute:
- How long have you been practicing employment law? Choose an attorney who has years of experience inside their sleeves.
- What do you know about California and federal employment law? Stay away from generalists; you need someone who knows a lot about workplace law. Their specialized knowledge makes sure they know how to win your case.
- What are my rights as a worker? Find out what your rights are, especially when it comes to “at-will” work and protections for unions.
- Do I have any legal options? The workplace lawyer of your choice should explain all of your legal options and help you choose the best one for your situation.
- How long does it usually take to settle cases like mine? Their answer will set realistic expectations for how long it may take to resolve your case.
- How will I be able to talk to you during the legal process? Clear and easy-to-use communication channels are crucial; discuss the best times and methods (call, text, email) to stay in touch with your attorney.
- What did past clients say about your work and you? A respected employment lawyer will have great testimonials from past clients.
- How much do you charge? Some law firms, like ours, take cases on a contingency basis, while others charge per hour. Our “no win, no fee” policy provides workers with a fair opportunity to fight for their rights as employees in a hostile or unprofessional workplace.
How To Report Employment Law Violations In California
- Gather and document evidence.
Collect all relevant documentation, such as emails, timecards, pay stubs, and any written communications that support your claim. Keep a detailed record of the violations, including dates, times, locations, and names of individuals involved. - Look over the company’s rules.
Check your employee handbook or company policies for internal reporting procedures. - Report the issue within the company.
Report the issue to your supervisor, HR department, or the designated person within your company. If internal procedures exist, follow them. - Contact the appropriate government agency to file a complaint.
California Civil Rights Department (CRD)You can file discrimination, harassment, and retaliation complaints online at the CRD website or call their office at (800) 884-1684.
California Labor Commissioner’s Office, also known as the Division of Labor Standards Enforcement (DLSE)
Wage and hour violations, unpaid wages, and other labor law issues can be filed online, by mail, or in person.Equal Employment Opportunity Commission (EEOC)
For federal discrimination claims, file online, by mail, or in person at a local EEOC office. - Get legal help.
Consult with an employment lawyer to understand your rights and the best course of action. They can provide guidance, assist with the complaint process, and represent you if necessary. - Follow up with your case.
Track the progress of your complaint and communicate with the agency handling your case. Provide any additional information or documentation requested promptly. Be aware that retaliation for filing a complaint is illegal. If your employer retaliates, report it to the relevant agency or seek legal assistance immediately.
When Should I Report Labor Code Violations?
The federal and California statutes of limitations both have specific due dates for filing employment-related lawsuits. These dates vary depending on the type of case. Employment law has different dates for different types of claims, unlike other areas of law that have clear deadlines.
Also, for some claims, you have to file them with an administrative body first before you can file a lawsuit.
The statute of limitations makes it challenging for the average worker to file an employment law case. You might choose to keep working rather than go through legal hell, but hiring an employment attorney can make the process considerably easier.
What Can I Get From An Employment Lawsuit?
This is one of the most common questions that our California employment lawyers hear from clients. Although the amount of money you can obtain in an employment law claim depends on the facts and circumstances of your situation, there are particular kinds of case resolutions that we pursue for clients who have been wronged at work.
When a worker who was wrongfully fired asks to be reinstated, they are often eligible for compensation to make up for the losses they suffered. Among these are:
- The money they should have earned while they were wrongfully terminated
- The amount necessary to make up for missed benefits like health insurance, paid time off, and sick days
- Reimbursement for missed career opportunities, including promotions that would have been possible if the worker hadn’t been unfairly terminated
Compensatory Damages
Most cases in which an employer engages in unlawful actions against a worker are resolved through monetary compensation. Compensatory awards differ depending on the facts and circumstances of each case. However, these are the most common damages you can recover financially:
- Compensation for violations of California’s Labor Code
- Wages lost up to the date of settlement or judgment
- Compensation for lost wages in the reasonably foreseeable future, but not indefinitely
- The value of lost vacation time
- The value of lost sick leave
- The value of lost personal days
- Health insurance
- Retirement plan (if your company offers it)
- Lost opportunities
If you are injured in a work-related incident, your compensation will include economic damages. Consult with an accident attorney specializing in workplace cases to learn what you’re entitled to.
Emotional Distress Damages
Emotional distress damages are awarded to compensate employees for the psychological impact of their experiences at work. These damages recognize the anxiety, stress, depression, and other emotional hardships that can arise from issues such as discrimination, harassment, or retaliation.
Civil Penalties
Civil penalties may also be available in addition to other forms of compensation in employment law cases.
Punitive Damages
In some cases involving violations of California or federal law, punitive damages (or exemplary damages) may be awarded. These damages go beyond compensatory damages and are intended to punish the employer for particularly reckless or egregious conduct. Punitive damages serve as additional compensation awarded in a trial and are meant to deter similar behavior in the future. Our experienced employment attorneys can help determine if your case qualifies for such damages.
To maximize the chances of a favorable outcome, you must seek the assistance of our California employment lawyers. Evidence shows that workers represented by legal counsel generally receive higher compensation, even after accounting for legal fees.
Class And PAGA Actions
A class action lawsuit is where a group of employees who have similar claims against their employer join together to file a single lawsuit. This can be a powerful tool for employees, especially in cases involving wage and hour violations or discrimination.
How Do Class Action Lawsuits Work?
- Group Claims: If many employees have experienced the same unfair treatment, they can combine their claims into one lawsuit.
- Class Representative: One or more employees act as the “class representative,” standing in for the entire group.
How Are Class Actions Different From Individual Lawsuits?
- Strength in Numbers: Class actions pool the resources and claims of many employees, making the case stronger and more impactful.
- Efficiency: It is more efficient for the court to handle one large case rather than many individual lawsuits.
Why Are Class Actions Powerful For Employees?
- Leverage: Large numbers of employees joining together can be more powerful than small individual claims against an employer.
- Cost-Effective: Legal costs are shared among all members of the class, making it more affordable for individual employees to take legal action.
- Wider Impact: Class actions can lead to significant changes in employer practices, benefiting current and future employees.
What Is PAGA?
PAGA stands for the Private Attorneys General Act. It allows California employees to file lawsuits to recover civil penalties for Labor Code violations on behalf of themselves, other employees, and the state of California.
How Do PAGA Claims Work?
- Notice: The employee must first notify the employer and the California Labor and Workforce Development Agency (LWDA) of the violations.
- Waiting Period: The LWDA has 65 days to decide whether to investigate the claim.
- Filing the Lawsuit: If the LWDA doesn’t act, the employee can file a PAGA lawsuit.
- Penalties: Penalties collected are split between the affected employees (25%) and the state (75%).
How Are PAGA Claims Different?
- State Involvement: PAGA allows employees to act as private attorneys general, enforcing state labor laws.
- Broader Scope: PAGA claims can address a wide range of labor violations, not just those affecting individual employees.
- Civil Penalties: These lawsuits seek civil penalties, which can be a powerful deterrent against employer misconduct.
Why PAGA Claims Are Powerful
- Enforcement: They empower employees to help enforce labor laws and hold employers accountable.
- Deterrent Effect: The threat of significant penalties can deter employers from violating labor laws.
- Beneficial for Many: PAGA claims can lead to better working conditions for many employees, not just those directly involved in the lawsuit.
Our firm specializes in representing employees in class action lawsuits and PAGA claims. Contact us and we can assess whether your situation is suitable for a class action or PAGA claim. We handle all aspects of filing and managing the lawsuit on behalf of employees. We then represent the employees throughout the process, working to achieve the best possible outcome for you and your fellow employees.
Frequently Asked Questions On Employment Law Cases
I Am Classified As An Independent Contractor. Should I Be Classified As An Employee?
In California, the law outlines strict criteria for determining whether a worker is an independent contractor or an employee. Misclassification occurs when an employer improperly labels an employee as an independent contractor, often to avoid providing benefits and protections that employees are entitled to by law. Here are common signs that you may be misclassified:
- Control Over Work: You are closely supervised or controlled by your employer regarding how, when, and where you work.
- Integration: You perform tasks that are integral to the company’s core business.
- No Independent Business: You do not have an independent business, trade, or profession outside of the work you do for the employer.
- Lack of Flexibility: Your employer sets a fixed schedule and requires you to follow company procedures and policies.
If you are misclassified as an independent contractor, you may be entitled to several forms of compensation and benefits that you were denied, including:
- Unpaid Wages: Payment for unpaid wages, including overtime and minimum wage discrepancies.
- Reimbursement for Expenses: Compensation for business expenses you incurred that should have been covered by the employer.
- Benefits: Eligibility for benefits such as health insurance, retirement contributions, paid time off, and sick leave.
- Meal and Rest Breaks: Compensation for missed meals and rest breaks as required by California law.
- Employment Protections: Legal protections including those against wrongful termination, discrimination, and retaliation.
- Penalties and Interest: Penalties and interest for the employer’s failure to comply with employment laws.
Am I Correctly Classified As An Exempt (Salaried) Employee?
Some employers wrongly classify employees as “exempt” to avoid paying overtime. You might be misclassified if:
Duties Test: Your job duties do not primarily involve executive, administrative, or professional tasks.
Salary Test: You are not paid a salary that meets the minimum required amount. The minimum salary changes when California’s minimum wage changes. In 2023, the minimum salary was $64,480, and in 2024, it increased to $66,560.
If you are misclassified as an exempt employee, you may be entitled to several forms of compensation and benefits that you were denied, including:
- Unpaid Overtime: Compensation for unpaid overtime work at one and a half times your regular pay rate for hours worked over 8 in a day or 40 in a week.
- Meal and Rest Breaks: Compensation for missed meals and rest breaks.
- Wage Statement Penalties: Penalties for inaccurate or incomplete wage statements.
- Interest and Penalties: Interest on unpaid wages and statutory penalties for the employer’s failure to comply with wage and hour laws.
Your employment attorney can assist you by collecting and storing evidence, finding and interviewing witnesses, and successfully arguing against any arguments your employer may make.
What Are Some Examples of Workplace Harassment?
Our employment lawyers have encountered countless cases of workplace harassment between employees, their coworkers, and employers. Some of the most common ones include sexual harassment, racial, age, and religious discrimination, and cyberbullying.
What Are the Most Common Forms of Workplace Discrimination?
Here are some examples of discrimination in your place of work.
- Being overlooked for a promotion because of your gender, despite having stronger qualifications than the coworker who got promoted
- Not getting hired for a job because of race work discrimination
- Not getting hired because you have a disability
- Being excluded from training, projects, and other work opportunities due to your religion
- Being laid off or demoted solely because of age work discrimination, even if your job performance wasn’t affected by that
If any of these scenarios is familiar to you and you’ve been at the receiving end of it, immediately contact our employment lawyers in California.
What Is Workplace Retaliation?
Workplace retaliation is when an employer takes adverse action against an employee because the employee complained about workplace misconduct or exercised their legal rights. Retaliation is illegal under California law and can take many forms, including:
- Termination: Firing or laying off the employee or pushing the employee to quit.
- Demotion: Reducing the employee’s title or pay.
- Negative Performance Reviews: Unjustified poor evaluations that impact job security or advancement.
- Workplace Harassment: Creating a hostile work environment through bullying or unwarranted criticism.
- Reassignment: Transferring the employee to a less desirable position or location.
- Exclusion: Cutting the employee out of important meetings or decisions.
How Do I Know If My Boss Is Retaliating Against Me?
Signs that you may be experiencing retaliation include:
- Timing: Adverse actions occur shortly after you make a complaint or exercise your rights.
- Pattern of Behavior: A sudden change in how you are treated at work.
- Unusual Discipline: Receiving warnings or write-ups for minor or fabricated issues.
- Isolation: Being left out of meetings, projects, or social interactions.
- Job Status Changes: Unexpected and unwarranted changes in your job duties, pay, or position.
What Should I Do If My Employer Is Retaliating Against Me?
If you believe you are experiencing retaliation at work, you should take the following steps:
- Document Everything: Keep detailed records of all retaliatory actions, including dates, times, witnesses, and the nature of the actions.
- Keep Evidence: Save emails, texts, voicemails, and any other communication that supports your claim of retaliation.
- Report the Retaliation: Notify your employer, preferably in writing, about the retaliatory actions. Follow any internal procedures for reporting workplace issues.
- File a Complaint: You can file a complaint with the California Civil Rights Department (“CRD”) or the U.S. Equal Employment Opportunity Commission (EEOC). The CRD and EEOC investigate some types of retaliatory actions.
- Seek Legal Advice: Consult with an experienced employment attorney to discuss your situation and understand your legal options.
Should I Hire An Employment Lawyer?
Hiring a lawyer who specializes in employment disputes is worth the effort because they provide expert guidance, handle complex legal processes, protect against retaliation, negotiate and mediate disputes skillfully, maximize your compensation, and reduce your stress and uncertainty. With experienced employment lawyers from Arash Law by your side, you can navigate California’s complex employment laws effectively, ensuring the best possible outcome for your case.
Do You Need To Hire A Local Employment Lawyer?
An employment lawyer from your local area can offer you many benefits.
- Local attorneys are well-versed in state and local laws. They are more adept at navigating certain restrictions and knowledgeable about California’s employment laws than an attorney from outside the state. They are aware of the customs and procedures of the local business community, using this information to their advantage when negotiating for more favorable terms or results.
- Local attorneys can expedite the procedure since they are acquainted with the local courts and government organizations and aware of the area’s judicial preferences.
- Accessibility for in-person meetings is another significant benefit. Face-to-face meetings guarantee clear communication and foster trust. Local attorneys can more readily obtain information and speak with local witnesses, bolstering your case and enabling you to react swiftly to events. Plus, hiring locally might also save you money on other expenses, such as travel.
How Much Will An Employment Lawyer In California Cost?
There is no set dollar value for the cost of hiring an employment attorney. The amount varies depending on your case, the expertise of the lawyer you hire, and other factors. Complex cases typically incur higher fees, especially with experienced attorneys in high-cost areas. It’s reasonable to ask lawyers why they charge their rates and to understand their fee structure before signing any agreement.
Employment lawyers usually have these payment structures:
- A one-time, flat fee for straightforward services
- Billing by the hour, which may vary if a paralegal or assistant works on your case
- Sliding scale rates, which vary based on the client’s income, with lower earners paying less for the same service
- Contingency fee agreement where lawyers require no upfront payment
Our employment lawyers in California work on a contingency basis, where the lawyer’s fee is deducted from the compensation awarded after they win your case. If you’re worried about being surprised by a huge fee at the end of the claims process, our attorneys will outline all of the potential costs when they onboard your case. At Arash Law, we are all for transparency and honesty.
Consult With The Employment Lawyers California Trusts The Most
If you believe you have been subjected to wage and hour violations or discrimination, or if you have other concerns regarding your employment, contact us today. Our experienced team is here to help you understand your rights and take action to protect them.
Our legal team will investigate each case thoroughly and create a legal strategy tailored to your needs and goals. We will aim to win your case out of court, but our litigation attorneys won’t hesitate to bring it to trial if that’s what it takes to get your employer to agree to our terms and give you the compensation you need.
Dial (888) 499-1391 today for a risk-free, confidential consultation. Our employment lawyers will answer your questions, explain your legal rights, and advise you on the best options to take.
Our employment law firm serves workers in various locations in California, including Los Angeles, Long Beach, Pasadena, Sherman Oaks, Sacramento, Orange County, San Francisco, Riverside, San Diego, Bakersfield, San Jose, and Oakland.
