Understanding Common Employment Law Challenges

Wage and Hour Violations

Unpaid Overtime:

California’s overtime laws are stricter than federal requirements. Employees must receive one and a half times their regular pay after working eight hours in a single day or 40 hours in a week. After 12 hours in one day, the rate increases to double time. Many workers don’t realize they’re entitled to this compensation, while some employers fail to calculate these hours correctly.

Minimum Wage Disputes:

California sets its own minimum wage, which often exceeds the federal standard. Some cities and counties in Central California have established even higher local minimums. Confusion about which rate applies can lead to underpayment, particularly for workers who split time between different jurisdictions.

Misclassification of Employees:

One of the most prevalent issues involves workers being incorrectly classified as independent contractors rather than employees. This misclassification denies workers access to overtime pay, benefits, unemployment insurance, and workers’ compensation. California’s AB5 law established stricter standards for determining worker classification, but violations remain common.

Off-the-Clock Work:

Employees deserve compensation for all hours worked, including time spent preparing for shifts, cleaning up afterward, or responding to work communications outside scheduled hours. These seemingly minor periods add up, and employers must account for them in payroll calculations.

Final Paycheck Requirements:

California law mandates specific timelines for issuing final paychecks. Employees who are terminated must receive their final pay immediately, while those who resign with at least 72 hours’ notice should receive payment on their last day. Failure to comply can result in waiting time penalties.

Discrimination and Harassment

  • Protected Characteristics: California’s Fair Employment and Housing Act (FEHA) prohibits discrimination based on race, sex, religion, national origin, age (40 and over), disability, gender identity, sexual orientation, marital status, military status, and other protected characteristics. Discrimination can occur during hiring, promotion decisions, job assignments, or termination.
  • Sexual Harassment: Harassment that creates a hostile work environment violates California law. This includes unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. Employers can be held liable for harassment by supervisors, coworkers, and sometimes even non-employees like customers or vendors.
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Retaliation

California law protects employees who engage in protected activities, such as reporting workplace violations, filing discrimination complaints, requesting reasonable accommodations, or taking legally protected leave. Employers cannot retaliate by demoting, terminating, reducing pay, or creating adverse working conditions for employees who exercise these rights.

Retaliation claims often arise when employees report safety violations, wage theft, or discriminatory practices. Even if the underlying complaint doesn’t result in a finding of wrongdoing, retaliation for making the complaint remains illegal.

Wrongful Termination

While California operates under “at-will” employment, meaning employers can generally terminate workers for any legal reason or no reason at all, important exceptions exist. Termination becomes wrongful when it violates public policy, breaches an employment contract, or occurs for discriminatory or retaliatory reasons.

Examples include firing someone for serving on jury duty, refusing to participate in illegal activities, taking protected medical leave, reporting workplace safety hazards, or being fired based on their protected characteristic.

Leave Violations

California provides multiple types of protected leave, including sick leave, family and medical leave under the California Family Rights Act (CFRA), pregnancy disability leave, and leave for victims of domestic violence or sexual assault. Employers who deny these leaves, fail to reinstate employees afterward, or retaliate against workers for taking them may face legal consequences.

Most California employers must provide paid sick leave, allowing employees to accrue at least one hour of sick time for every 30 hours worked. Violations of these requirements expose employers to penalties and lawsuits.

How Glaser Labor Law Protects Central California Workers

Glaser Labor Law helps Central California workers understand their rights and obligations under employment regulations. Whether you’re dealing with wage disputes, workplace discrimination, or compliance concerns, our experienced Central California employment law attorneys provide the guidance needed to protect your interests.

California’s employment laws create a framework designed to safeguard workers while providing clear guidelines for employers. However, these regulations frequently change, making it essential to stay informed about current requirements and recent legislative updates that could impact your workplace.

Getting the Compensation You Deserve

Glaser Labor Law is committed to helping you obtain the compensation you deserve and moving forward with your life. Employment law violations can create financial hardship, emotional distress, and career setbacks. Our goal is to hold violators accountable while securing the maximum recovery available under the law.

This may include back pay, unpaid wages, compensation for emotional distress, punitive damages, and attorneys’ fees. Each case is unique, and we tailor our approach to your specific circumstances and objectives.

Take Action to Protect Your Rights

If you’re experiencing workplace issues or have questions about your rights under California employment law, don’t wait. Many employment law claims have strict filing deadlines, and a delay can jeopardize your case.

Contact Glaser Labor Law for a consultation. Our team of dedicated employment attorneys serves workers throughout Central California, providing the skilled representation and personalized attention you deserve. We’ll evaluate your situation, explain your options, and fight to protect your rights under the law.