California leads the nation in protecting workers’ rights through robust labor laws and regulations. At Yoosefian Law Firm, P.C., we’re committed to helping employees understand and defend their workplace rights under both state and federal law.
California State Laws on Worker Rights
Wages and Hours
California Labor Code § 1197:
“The minimum wage for employees fixed by the commission or by any applicable state or local law, is the minimum wage to be paid to employees, and the payment of a lower wage than the minimum so fixed is unlawful.”
California Labor Code § 510(a):
“Any work in excess of eight hours in one workday and any work in excess of 40 hours in any one workweek and the first eight hours worked on the seventh day of work in any one workweek shall be compensated at the rate of no less than one and one-half times the regular rate of pay for an employee. Any work in excess of 12 hours in one day shall be compensated at the rate of no less than twice the regular rate of pay for an employee. In addition, any work in excess of eight hours on any seventh day of a workweek shall be compensated at the rate of no less than twice the regular rate of pay of an employee.”
Meal and Rest Breaks
California Labor Code § 512(a):
“An employer shall not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee. An employer shall not employ an employee for a work period of more than 10 hours per day without providing the employee with a second meal period of not less than 30 minutes, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and the employee only if the first meal period was not waived.”
Anti-Discrimination
California Government Code § 12940(a):
“It is an unlawful employment practice… For an employer, because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status of any person, to refuse to hire or employ the person or to refuse to select the person for a training program leading to employment, or to bar or to discharge the person from employment or from a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions, or privileges of employment.”
Workplace Safety
California Labor Code § 6400(a):
“Every employer shall furnish employment and a place of employment that is safe and healthful for the employees therein.”
Family and Medical Leave
California Government Code § 12945.2(a):
“It shall be an unlawful employment practice for any employer, as defined in paragraph (3) of subdivision (b), to refuse to grant a request by any employee with more than 12 months of service with the employer, and who has at least 1,250 hours of service with the employer during the previous 12-month period or who meets the requirements of subdivision (r), to take up to a total of 12 workweeks in any 12-month period for family care and medical leave.”
Federal Employment Laws and Rights
Fair Labor Standards Act (FLSA) – 29 U.S.C. § 206(a)(1)(C):
“Every employer shall pay to each of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, wages at the following rates… not less than the minimum wage rate established by federal law.”
Title VII of the Civil Rights Act – 42 U.S.C. § 2000e-2(a):
“It shall be an unlawful employment practice for an employer (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.”
Americans with Disabilities Act (ADA) – 42 U.S.C. § 12112(a):
“No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.”
Family and Medical Leave Act (FMLA) – 29 U.S.C. § 2612(a)(1):
“Subject to section 2613 of this title, an eligible employee shall be entitled to a total of 12 workweeks of leave during any 12-month period for one or more of the following: (A) Because of the birth of a son or daughter of the employee and in order to care for such son or daughter. (B) Because of the placement of a son or daughter with the employee for adoption or foster care. (C) In order to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition. (D) Because of a serious health condition that makes the employee unable to perform the functions of the position of such employee.”
Age Discrimination in Employment Act (ADEA) – 29 U.S.C. § 623(a):
“It shall be unlawful for an employer (1) to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s age.”
Signs Your Worker Rights Have Been Violated in California
California offers some of the strongest worker protections in the nation. However, violations still occur frequently, often in subtle ways that might not be immediately obvious. Understanding these signs can help you protect your rights and take appropriate action when necessary.
Wage and Hour Violations
Your paycheck is more than just compensation—it’s a fundamental right protected by California law. Many workers experience wage violations without realizing it. Here are key signs to watch for:
Unpaid Wages and Overtime
- You’re paid less than $16.00 per hour (2024 CA minimum wage)
- Not receiving 1.5x pay for hours worked over 8 per day
- Not receiving 2x pay for hours worked over 12 per day
- Unpaid overtime for working more than 40 hours per week
- Being told to work “off the clock”
- Unauthorized deductions from your paycheck
Beyond basic wages, California law is very specific about break requirements. These violations often seem minor but can add up to significant lost compensation:
Meal and Rest Break Violations
- Denied your 30-minute meal break when working over 5 hours
- Not receiving 10-minute rest breaks for every 4 hours worked
- Being required to stay “on-call” during breaks
- Not being compensated for missed breaks
- Pressure to skip breaks to complete work
Workplace Discrimination Red Flags
Discrimination can be blatant or subtle, but it’s never legal. Modern discrimination often hides behind seemingly neutral policies or practices. Here’s what to look out for:
Hiring and Promotion Issues
- Passed over for promotion despite qualifications
- Different standards applied based on protected characteristics
- Job responsibilities changed after revealing pregnancy
- Age-related comments during interviews
- Questions about religious practices during hiring
While some workplace discrimination is obvious, other forms can be more nuanced but equally harmful:
Workplace Treatment
- Exclusion from meetings or opportunities
- Hostile work environment based on protected characteristics
- Denial of reasonable accommodations for disabilities
- Different dress codes based on gender
- Discriminatory language or harassment
Leave and Time Off Violations
California provides robust leave protections, but employers don’t always honor these rights. Understanding these violations is crucial for protecting your job security:
CFRA/FMLA Violations
- Denial of medical leave despite eligibility
- Retaliation for requesting family leave
- Pressure to return before leave ends
- Not reinstated to same/comparable position
- Interference with leave benefits
Pregnancy and disability accommodations require special attention, as these protections are fundamental to workplace equality:
Pregnancy and Disability Leave
- Forced to take leave earlier than necessary
- Denied reasonable pregnancy accommodations
- Not provided lactation accommodations
- Pregnancy-related medical restrictions ignored
- Harassment due to pregnancy-related medical needs
Health and Safety Violations
Your right to a safe workplace is non-negotiable. In today’s evolving work environment, safety violations can take many forms:
Workplace Safety Issues
- Lack of required safety equipment
- Inadequate training for hazardous work
- Unsafe working conditions not addressed
- Retaliation for reporting safety concerns
- No access to required safety information
The pandemic has created new safety considerations that employers must address:
COVID-19 Related Violations
- Inadequate COVID-19 prevention measures
- Denial of required sick leave
- Retaliation for raising safety concerns
- Failure to notify of workplace exposure
- Non-compliance with health orders
Pay Transparency Violations
Recent California laws have strengthened workers’ rights to discuss and understand their compensation. These violations often go unnoticed but are serious:
Salary and Benefits
- Prohibited from discussing wages with coworkers
- Not provided pay scale upon request
- Undisclosed commission structures
- Hidden bonus criteria
- Inconsistent application of benefits
Misclassification Signs
Worker misclassification is a growing problem in today’s gig economy. Understanding your true employment status is crucial:
Independent Contractor Misclassification
- Treated like an employee but classified as contractor
- No control over work schedule or methods
- Required to work on-site with company equipment
- Exclusive work relationship with employer
- Not truly independent in business decisions
Even traditional employees can face misclassification issues that affect their overtime rights:
Exempt/Non-Exempt Misclassification
- Labeled “exempt” but duties don’t qualify
- Not meeting salary threshold for exemption
- Primarily performing non-exempt work
- Limited discretionary authority
- No true independent judgment in role
Workplace Retaliation Warning Signs
Retaliation can occur after exercising your workplace rights. Recognizing these signs early is crucial for protecting yourself:
After Protected Activities
- Termination following complaint filing
- Reduction in hours after reporting violation
- Sudden negative performance reviews
- Transfer to less desirable position
- Increased scrutiny or monitoring
Documentation patterns often change when retaliation occurs:
Documentation Changes
- Sudden request for documentation
- Creation of paper trail after complaints
- Changed performance standards
- Retroactive policy enforcement
- New restrictions on work conditions
How a Los Angeles Workers’ Rights Lawyer Can Help
Understanding Your Rights Is Just the Beginning
In Los Angeles’s complex employment landscape, knowing your rights is only the first step. The path to workplace justice requires more than just knowledge—it demands strategic action, legal expertise, and dedicated advocacy. At Yoosefian Law Firm, P.C., we transform legal knowledge into actionable results for our clients, serving as your committed partner throughout the entire process.
Immediate Protection of Your Rights
When workplace violations occur, time is of the essence. Our Los Angeles employment law team takes swift action to protect your interests from the moment you contact us. We begin with a comprehensive case evaluation, examining every aspect of your situation through the lens of both state and federal law. This initial analysis allows us to identify all potential claims and develop a strategic plan tailored to your specific circumstances.
We understand that evidence can disappear and memories can fade. That’s why we act quickly to preserve critical documentation, secure witness statements, and establish a clear timeline of events. Our prompt intervention also helps protect you from potential retaliation, ensuring your rights remain secure throughout the legal process.
Strategic Case Development
Building a strong employment law case requires more than just collecting documents. Our experienced attorneys employ a comprehensive approach to case development that leaves no stone unturned. We meticulously gather and analyze evidence, from electronic communications and personnel records to witness testimonies and physical documentation. This thorough approach ensures we capture every detail that could strengthen your case.
Our legal analysis goes beyond surface-level review. We dive deep into current case law and similar precedents to identify all possible causes of action. This comprehensive evaluation allows us to accurately assess potential damages and determine the most effective strategy for your case, whether pursuing settlement or preparing for trial.
Navigating Complex Legal Procedures
Employment law involves intricate procedures and strict deadlines that must be followed precisely. Our firm handles all administrative requirements, including filing with appropriate agencies such as the Department of Fair Employment and Housing (DFEH), Equal Employment Opportunity Commission (EEOC), California Labor Commissioner, and Department of Labor. We manage the entire process, from initial filings to agency investigations.
When court proceedings become necessary, our experienced litigators guide your case through every stage. We manage the discovery process, conduct depositions, file and respond to motions, and represent you at hearings. Our thorough preparation and strategic approach ensure your case is presented effectively, whether in settlement negotiations or at trial.
Maximizing Your Recovery
Your compensation should reflect the full extent of your damages. We fight for comprehensive recovery that includes both economic and non-economic damages. Economic damages cover tangible losses like lost wages, benefits, medical expenses, and job search costs. Non-economic damages address the less tangible but equally important impacts like emotional distress, damage to reputation, and loss of professional opportunities.
We also pursue additional remedies where applicable, including punitive damages, statutory penalties, interest, and attorneys’ fees. Our goal is to ensure you receive full compensation for all harm suffered while holding employers accountable for their actions.
Protection Against Retaliation
Workplace retaliation can make a difficult situation even worse. We actively protect our clients through preventive measures and swift responses to any retaliatory actions. Our approach includes documenting protected activities, monitoring employer behavior, and providing strategic advice on workplace communications. If retaliation occurs, we take immediate legal action through cease and desist letters, emergency court orders, or additional legal claims as needed.
Workplace Negotiations
Effective negotiation often requires a delicate balance of firmness and diplomacy. Our attorneys excel at handling ongoing employment issues, from addressing hostile work environments to securing reasonable accommodations and resolving leave disputes. We negotiate with a clear understanding of your goals, whether that means improving your current work situation or securing a favorable severance agreement.
Long-Term Career Protection
We understand that employment disputes can have lasting implications for your career. Our representation includes strategies to protect your professional future, from reference issues to non-disclosure agreements. We guide career transitions and help establish preventive measures to avoid future violations.
Why Choose Yoosefian Law Firm, P.C.
Our firm stands out through our focused expertise in employment law, deep understanding of both California and federal regulations, and extensive experience in local courts. We maintain a client-centered approach, providing personal attention and regular communication throughout your case. Our track record of successful outcomes and positive client testimonials reflects our commitment to excellence in employment law advocacy.
Taking the First Step
The path to workplace justice begins with a simple phone call. We offer free, confidential consultations to evaluate your case and explain your rights. Our contingency fee arrangements mean you pay nothing unless we secure a recovery for you, aligning our interests with your success.
Contact Us Today
Don’t face workplace violations alone. Contact Yoosefian Law Firm, P.C. to protect your rights and secure your future
California Employee Rights FAQs
Can my employer require me to speak only English at work?
English-only rules are only permitted when justified by business necessity, such as safety requirements or customer service needs. Blanket English-only policies that apply at all times, including breaks, are illegal under California law. Even when English is required for specific job duties, employers must notify employees of when and why the rule applies.
How long does my employer have to pay me after I quit or am terminated?
If you’re terminated, your employer must provide your final paycheck immediately at the time of termination. If you quit with at least 72 hours’ notice, you must receive your final paycheck on your last day. If you quit without notice, your employer has 72 hours to provide your final paycheck. Failure to comply results in waiting time penalties of up to 30 days of wages.
What should be included in my final paycheck?
Your final paycheck must include all unpaid wages, including regular pay, overtime, commission payments, and unused accrued vacation time or PTO. Sick leave does not need to be paid out unless company policy specifically states otherwise.
Does my employer have to provide me with a copy of my personnel file?
You have the right to inspect or receive a copy of your personnel records within 30 calendar days of making a written request. Employers must maintain personnel records for at least three years after termination. You’re entitled to one free copy per year.
Can my employer deduct money from my paycheck for cash register shortages or broken equipment?
Employers cannot deduct wages for cash shortages, breakage, or equipment loss unless they can prove your dishonesty, willful misconduct, or gross negligence caused the loss. General cash shortages or equipment damage must be treated as a cost of doing business.
What are my rights regarding workplace dress codes?
Dress codes must be reasonably related to business needs and cannot discriminate based on gender, religion, or other protected characteristics. Employers must reasonably accommodate religious dress and grooming practices unless doing so would cause undue hardship.
How much notice must my employer give before changing my work schedule? While California doesn’t require specific advance notice for schedule changes, certain cities have predictive scheduling laws. For example, San Francisco requires two weeks’ notice. Some industries and union contracts may have additional requirements.
Can I be fired for discussing working conditions with coworkers?
No, California and federal laws protect your right to discuss wages, hours, and working conditions with coworkers. This includes conversations about pay, workplace safety concerns, and other employment terms. Retaliation for these discussions is illegal.
Do I have the right to view the pay scales for my job?
As of 2024, California employers must provide current employees’ pay scale information upon request and include pay ranges in job postings. This applies to companies with 15 or more employees.
Can my employer monitor my work computer or phone?
Employers can generally monitor company-owned devices and systems, but must provide notice of monitoring policies. Personal devices used for work may have additional privacy protections under California law.
What temperature must my workplace maintain?
Indoor workplaces must be maintained between 68-76°F when employees are present, except where other temperatures are required for business operations. Outdoor work environments have different requirements based on industry and conditions.
Does my employer have to provide seating?
California requires employers to provide suitable seating when the nature of work reasonably permits it. This applies even if employees can perform their duties while standing.
Can my employer require me to use my personal vehicle for work duties?
If you’re required to use your personal vehicle for work duties (excluding commuting), your employer must reimburse you for mileage at the IRS rate plus any parking or toll expenses.
What breaks am I entitled to during evening or overnight shifts?
The same meal and rest break rules apply regardless of shift time. However, employers must provide reasonable security measures for employees working between 10:00 p.m. and 6:00 a.m.
Do I have a right to bereavement leave?
As of 2023, California employees are entitled to up to five days of bereavement leave upon the death of certain family members. This leave can be unpaid unless company policy provides paid leave.
Can my employer restrict my social media use outside of work?
Employers cannot discipline employees for lawful off-duty conduct, including social media posts, unless they can demonstrate actual damage to business operations. Protected speech about working conditions cannot be restricted.
What are my rights regarding healthcare coverage after leaving my job? California’s Cal-COBRA law extends healthcare continuation coverage to employees of small businesses (2-19 employees) not covered by federal COBRA. Coverage can last up to 36 months after employment ends.
Can my employer require me to attend work-related events outside regular hours? Mandatory work events, including training or social functions, must be paid as work time. Employers cannot require attendance at truly voluntary off-duty social events.
What privacy rights do I have regarding medical information at work?
Employers must keep medical information confidential and stored separately from regular personnel files. They can only request medical information directly related to job duties or legally required accommodations.
For specific guidance about your workplace rights or potential violations, contact Yoosefian Law Firm, P.C. for a confidential consultation. Our experienced employment attorneys can help you understand your rights and options under California law.