Employment Law FAQs

Employees in California have certain rights, including but not limited to:
Minimum wage protection
Overtime pay for working more than eight hours in a day or 40 hours in a week
Meal and rest breaks
Protection against discrimination and harassment
Family and medical leave
Protection against retaliation for reporting illegal activities or workplace violations
Paid sick leave
Workers’ compensation for work-related injuries or illnesses
Please note that this is not an exhaustive list, and there may be additional rights and protections depending on the specific circumstances and employment agreements. It is always recommended to consult with a legal professional for accurate and up-to-date information. We also have an informative blog post on this topic you may want to review.

In California, employees generally have the right to meal and rest breaks according to the state’s labor laws. If your employer has consistently denied you these breaks, you may have grounds for a wage and hour violations claim. It’s advisable to consult with an employment law attorney in Los Angeles to understand your rights and explore possible legal actions. We also have an informative blog post on this topic you may want to review.

As a salaried employee in California, you have several rights, including minimum wage protection, meal and rest breaks, overtime compensation (in some cases), and protection against discrimination and harassment. It’s important to note that being salaried doesn’t automatically exempt you from overtime pay – the nature of your job duties also plays a role in determining overtime eligibility.

Yes, California is generally considered to be an employee-friendly state due to its strong labor laws that provide numerous protections and benefits to employees. The state often leads the way in implementing progressive employment laws and regulations that favor workers‘ rights.

The Employee Protection Act in California is a law that provides various protections for employees in the state, including provisions related to minimum wage, overtime pay, meal and rest breaks, discrimination and harassment prevention, family and medical leave, and other labor rights. This act is part of California’s comprehensive labor law framework designed to safeguard employees’ rights in the workplace.

The California Employee Privacy Act (CEPA) is legislation that aims to protect the privacy rights of employees in California. It imposes certain requirements on employers regarding the collection, use, and disclosure of employees’ personal information. We also have an informative blog post on this topic you may want to review. We also wrote a whitepaper addressing employee privacy rights.

The Equal Employment Opportunity (EEO) laws in California prohibit workplace discrimination based on factors such as race, color, national origin, ancestry, religion, sex (including pregnancy), age, disability, genetic information, and sexual orientation. Employers must provide equal employment opportunities and fair treatment to all employees and applicants. These laws are enforced by various state and federal agencies, including the California Department of Fair Employment and Housing (DFEH) and the U.S. Equal Employment Opportunity Commission (EEOC).

If your firing violated any terms in your contract, was retaliation on your employer’s end for whistleblowing, or was due to discrimination, you may have been wrongfully terminated and could have grounds for a wrongful termination lawsuit against your employer. It’s crucial to consult with an experienced employment attorney to evaluate your specific situation and determine if you have a valid claim.

No, pregnancy discrimination is not legal in California. Under both federal and state law, an employer is prohibited from discriminating against women based on pregnancy and is required to make reasonable accommodations for their pregnant employees. This includes protection against unfair treatment in hiring, promotions, job assignments, and terminations. Please visit our Workplace Discrimination page to find more information on California workplace discrimination. Los Angeles employment attorney Todd M. Friedman provides free consultations for those who believe they’ve experienced pregnancy discrimination.

You can sue your employer and still retain your job. Under federal and state laws, employers are prohibited from retaliating against employees who file lawsuits against them. This means they cannot legally fire you, demote you, or take other adverse actions because you filed a lawsuit. However, it’s important to note that the workplace environment may become uncomfortable, and you should be prepared for potential challenges. Consulting with an experienced employment law attorney can help you understand your rights and the potential outcomes of your case.

If you have had to endure any of the following, you may be a victim of sexual harassment:u003cbru003e1. Inappropriate sexual advances; u003cbru003e2. Promotion offers or other employment-related offers hinged on sexual favors; u003cbru003e3. Threats, demotions or terminations after declining sexual advances; u003cbru003e4. Inappropriate verbal or visual conduct; u003cbru003e5. Inappropriate propositions or comments; u003cbru003e6. Unwanted and inappropriate physical contact.

No one should have to put up with sexual harassment in the workplace. Thankfully, the law concurs. By law, employers must take appropriate action to not only prevent sexual harassment, but also to take complaints seriously and investigate thoroughly when notified of an alleged incident. u003cbru003eIf your employer has done nothing with your complaint or dragged its feet on your claim, a lawyer can assist you in asserting your rights by filing a claim with the California Department of Fair Employment and Housing (DFEH). The department will conduct its own independent investigation and take further legal action if it finds the employer failed in its duty to act or prevent sexual harassment.

Generally speaking, you have one year from when the incident or incidents occurred to file a claim with the DFEH.

u003cstrongu003eGet Informedu003c/strongu003e: Educate yourself about your rights under California employment law, including the protections provided by the Fair Employment and Housing Act (FEHA). Understanding these laws can help you navigate the process more effectively.u003cbru003eu003cstrongu003eKeep a Recordu003c/strongu003e: Document every incident of harassment. Include detailed descriptions of what happened, where and when it occurred, and any witnesses. This documentation will be crucial if you decide to report the harassment or pursue legal action.u003cbru003eu003cstrongu003eAsk Them to Stopu003c/strongu003e: If you feel safe doing so, clearly communicate to the harasser that their behavior is unwelcome and must stop. Sometimes, this direct approach can halt the harassment.u003cbru003eu003cstrongu003eReport the Harassmentu003c/strongu003e: File a formal complaint with your company’s Human Resources department or any designated personnel. California law requires employers to take immediate and appropriate action to investigate and address harassment complaints.u003cbru003eu003cstrongu003eSeek Support and Legal Adviceu003c/strongu003e: Contact an employment attorney specializing in workplace harassment cases, such as Todd M. Friedman, to understand your legal options. Additionally, you can file a complaint with the California Department of Fair Employment and Housing (DFEH) if internal resolutions are unsatisfactory. Legal and emotional support can guide you through this challenging process.

An example of sexually inappropriate behavior in the workplace includes making unwelcome sexual advances or comments. For instance, a colleague repeatedly making sexually suggestive remarks or jokes despite being asked to stop constitutes sexually inappropriate behavior. Other examples include unwelcome touching, sending explicit emails or messages, and displaying sexually explicit materials in the workplace. These actions create a hostile and uncomfortable environment, violating workplace conduct standards and potentially the law.

In California, there are several signs that someone might be experiencing sexual harassment at work. These include:
Behavioral Changesu003c/strongu003e: The individual may exhibit signs of stress, anxiety, or depression, such as becoming withdrawn, showing decreased productivity, or avoiding certain coworkers or situations.u003cbru003eu003cstrongu003ePhysical Signsu003c/strongu003e: Look for signs of physical discomfort or distress, such as changes in posture, frequent illnesses, or unexplained injuries.u003cbru003eu003cstrongu003eVerbal Complaintsu003c/strongu003e: The person might directly or indirectly mention feeling uncomfortable, intimidated, or harassed. They might also make complaints about specific individuals or behaviors.u003cbru003eu003cstrongu003eDocumented Incidentsu003c/strongu003e: The individual may keep records of inappropriate behaviors, such as unwanted advances, explicit comments, or physical contact. These records can include emails, text messages, or written notes detailing the harassment.u003cbru003eu003cstrongu003eChanges in Work Patternsu003c/strongu003e: Noticeable changes in work patterns, such as requesting transfers, taking more sick leave, or showing reluctance to participate in team activities, can indicate harassment.u003cbru003eu003cbru003eIf you suspect someone is being sexually harassed, it’s important to encourage them to speak up and seek help. They can report the harassment to their HR department, consult with a legal professional, or file a complaint with the California Department of Fair Employment and Housing (DFEH). Supporting them in documenting incidents and understanding their rights can also be very helpful.

Yes, you can be sexually harassed verbally. Sexual harassment does not have to be physical to be considered harassment. Verbal sexual harassment includes any unwelcome comments, jokes, or remarks of a sexual nature. Examples of verbal sexual harassment include:u003cbru003eu003cstrongu003eSexual Comments or Jokesu003c/strongu003e: Making inappropriate jokes or comments about someone’s body, appearance, or sexual activities.u003cbru003eu003cstrongu003eSexual Advances or Propositionsu003c/strongu003e: Repeatedly asking someone out or making sexual advances despite being rejected.u003cbru003eu003cstrongu003eInappropriate Remarksu003c/strongu003e: Making offensive comments about gender, sexual orientation, or sex-related topics.u003cbru003eu003cstrongu003eSexually Explicit Languageu003c/strongu003e: Using vulgar or sexually explicit language in conversation or communication.u003cbru003eu003cstrongu003eComments about Clothing or Looksu003c/strongu003e: Making unwelcome remarks about someone’s attire or physical appearance in a sexual context.u003cbru003eu003cbru003eVerbal sexual harassment can create a hostile and intimidating work environment, and it is taken seriously under California employment law. If you experience or witness verbal sexual harassment, it is important to report it to your HR department or seek legal advice to address the issue.

The Family and Medical Leave Act – commonly referred to as FMLA – protects an employee’s right to take unpaid leave from work under certain circumstances:
To bond with a newborn, adopted, or foster child
To care for an immediate family member with a serious health concern
To care for the employee’s own serious health condition
FMLA leave can last for up to 12 weeks in any given 12-month period. Employees are entitled to return to their same job, or a “nearly identical” one, once their leave is over. “Nearly identical” jobs must have substantially similar duties and must have the same pay and benefits as the employee’s pre-leave position.

Not every employee qualifies to take FMLA leave. In order to qualify, the employee must have worked for the employer for at least 12 months, and must have worked at least 1,250 hours during the 12 months preceding the start of leave. In addition, the employee must work for either:
A public employer (e.g., state, local or federal governments, schools or public agencies); or
A private employer that has 50 or more employees within 75 miles of the employee’s location

Generally speaking, employees who want to take FMLA leave are supposed to give notice at least 30 days before starting leave, so long as doing so is practical. If the need for leave is not foreseeable 30 days in advance (for example, because of a sudden-onset condition), the employee must give notice as soon as is practical. Employees should follow their employer’s normal procedures when giving notice.

Employers are allowed to ask for proof that the employee or their immediate family member is suffering from a serious medical condition. Usually, this comes in the form of a certification from the patient’s care provider.
Employers are allowed to ask for a second opinion if they doubt the validity of the certification. They can also contact the care provider to verify whether the certification is genuine. Employers may not, however, require employees to turn over their medical records, nor can they ask a care provider for medical information beyond that which is provided on the certification form.

Employees who have been denied leave, who have had their job taken away while on leave or who have otherwise been treated unfairly for exercising their rights under the Family and Medical Leave Act can turn to an experienced employment law attorney for help. Depending on the circumstances of the case, aggrieved employees may be eligible to receive compensation for lost wages and other financial damages. They may also be eligible for equitable relief such as reemployment after termination or reinstatement into a previously-held position.
Mistreated employees in the Los Angeles area can contact the Law Offices of Todd M. Friedman, P.C. for a free initial consultation. Call ( toll free) or email the firm today. You will talk directly with an attorney when you work with the Law Offices of Todd M. Friedman, P.C.

California defines discrimination as any act that will prohibit you from:
Getting hired
Getting promoted
Being selected for a training program
Receiving fair and equal compensation 
Working under fair and equal terms, conditions, or privileges.
You must prove that a negative action was taken against you because of your protected class when you were employed or hired. You must also prove that this negative action harmed you. If you can prove these things, you are eligible to pursue an employee discrimination claim with help from a Los Angeles attorney.

There are a few steps to take if you were discriminated against:
Keep evidence of the discrimination, including your employment contract, email messages, texts, or phone calls you exchanged with your employer or fellow employees, and anything else that could be relevant.
If you have a disability that you need to prove, have evidence ready.
Contact an employment discrimination lawyer in Los Angeles to help you fight your case. 

Wrongful termination happens when your firing violates federal laws, workplace policies, or contracts. Discriminatory firings, retaliation for whistleblowing, or failing to honor employment terms are all grounds for a claim.

We offer a free initial consultation. Many cases are handled on a contingency basis, meaning you pay nothing unless we win your case.

Document every incident in as much detail as possible and report the behavior through your company’s procedures. Then, consult an employment attorney to understand your legal options.