California employment laws apply many limits on statutes including work hours, legal holidays, and labor laws. Here’s what to know about California employment law.
California is a very employment-friendly state and has many laws protecting employees’ rights including anti-discrimination and minimum wage laws. It is not static and is commonly changed through ballot initiatives, law passage, and court rulings.
California Employment Law FAQs
What is the Fair Employment and Housing Act?
The primary law governing California employed protections is the California Fair Employment and Housing Act which regulates employee protections from employer discrimination, harassment, and retaliation. Anti-harassment components of this act apply to employers with one or more employees. All employers who employ five or more full- or part-time employees are expected to adhere to the anti-discrimination components of the law.
What are my rights as an employee?
There is nothing illegal about being a bully unless the behavior involves physical threats or intimidation. Even then, it may be difficult to bring an employment law case against the employer. Those belonging to a protected class whose behavior relates to the class and meets other certain factors may file an employment law claim.
Am I an exempt or nonexempt employee?
Many employees are routinely misclassified as exempt or nonexempt. Only after a careful examination of job responsibilities and duties may an employee be properly classified. Simply because an employer says an employee is exempt does not mean they are exempt from overtime regulations. Also, just because an employee receives a salary does not mean an employee is exempt.
What is a wage and hour violation?
Wage and hour violations include but are not limited to the following:
- Failure to pay overtime
- Travel time violations
- Deductions from wages
- Earned sick time violations
- Failure to pay employees at termination
- Failure to pay earned commissions
- Illegal tip pooling policies
- Classifying full-time employees as contractors
Can I sue over an adverse employment action?
In terms of employment law, California is an “at-will” state meaning employers may do the following:
- Fail to hire
- Terminate
- Demote, or fail to promote an employee for almost any reason at all, except those prohibited by federal or state law
Califonia law explicitly prohibits employment discrimination because of race, disability, age, gender, pregnancy, religion, and national origin as well as adverse employment actions in violation of public policy.
What constitutes harassment in the workplace?
To be actionable, the behavior of a boss or co-workers must directly relate to a protected class, meaning gender, race, disability, or sexual preference. The harassment must create a hostile work environment. While there are a plethora of circumstances constituting workplace harassment, insults on the job and verbal abuse may not always be considered harassment as it depends on the specificities of each case.
What can a plaintiff obtain in an employment lawsuit?
Different circumstances lead to various rulings. An employee may be entitled to the following:
- Specific wage loss
- Future wage loss
- Loss of benefits
- Emotional suffering
While some factors may lead to the assessment of punitive damages, the court may require the defendant to pay attorney fees.
Can I be fired for reporting my employer’s illegal behavior?
Whether objecting to illegal behavior directed at the employee or whistleblowing other criminal behavior. Employees are legally entitled to job protection and freedom from retaliation from employers.
It is possible that some employers will attempt to retaliate but this action is illegal. In the case that this does occur, employees should consider lawyering up.
What constitutes employment retaliation?
A lawsuit asserting retaliation must involve an adverse employment action in response to the employee exercising legally protected rights. Retaliation may include but is not limited to the following:
- An adverse employment action for making a worker’s compensation claim
- Being fired or demoted for reporting the illegal dumping of hazardous waste constitutes in all likelihood an actionable retaliation claim
Related to: Employer Retaliation After Resignation in California
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