25 Most Frequently Asked Questions about Employment Law
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​​​1. WHAT IS WRONGFUL TERMINATION IN CALIFORNIA?
Wrongful termination occurs when an employee is fired in violation of state or federal law or the terms of their employment contract. In California, it is illegal for an employer to terminate an employee for reasons related to discrimination, retaliation, or violation of public policy. If you believe your termination was unlawful, contact us to discuss your case.
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2. WHAT IS WORKPLACE DISCRIMINATION?
Workplace discrimination happens when an employee is treated unfairly based on protected characteristics such as race, gender, age, disability, religion, or sexual orientation, etc. In California, state law offers broad protections against discrimination in the workplace. If you’ve experienced discriminatory treatment, you may be entitled to pursue legal action.
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3. WHAT SHOULD I DO IF I'M BEING SEXUALLY HARASSED AT WORK?
If you are experiencing sexual harassment, it is important to report the behavior to your employer or HR department immediately. If the harassment continues or if your employer fails to take appropriate action, you have legal rights to file a claim. Contact us to learn about your options and how we can help you seek justice.
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4. HOW DO I KNOW IF MY EMPLOYER IS VIOLATING WAGE AND HOUR LAWS?
California has strict wage and hour laws, including requirements for minimum wage, overtime pay, and meal/rest breaks. If you’re not being paid correctly, your employer is failing to provide breaks, or you're working off-the-clock, you may be entitled to compensation. A consultation with an employment lawyer can help you determine if your rights have been violated.
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5. WHAT ARE MY RIGHTS REGARDING OVERTIME PAY IN CALIFORNIA?
Under California law, most employees are entitled to overtime pay if they work more than 8 hours in a day or 40 hours in a week. Overtime must be paid at 1.5 times your regular rate of pay. There are some exemptions, but if you’re unsure whether you qualify, it’s important to consult with an attorney.
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6. WHAT IS RETALIATION AND HOW CAN I PROVE IT?
Retaliation occurs when an employer punishes an employee for engaging in a protected activity, such as reporting discrimination, harassment, or unsafe work conditions. If you believe you were retaliated against for filing a complaint or for participating in a legal investigation, you may have grounds for a lawsuit.
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7. AM I ENTITLED TO PAID SICK LEAVE IN CALIFORNIA?
Yes, under California law, most employees are entitled to paid sick leave. Employees are entitled to paid sick leave of five (5) days or forty (40) hours, whichever is greater, per year. Your employer is prohibited from retaliating against you for using this time. If you believe your employer is not complying with sick leave laws, contact us for assistance.
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8. WHAT IS THE STATUTE OF LIMITATIONS FOR FILING AN EMPLOYMENT CLAIM IN CALIFORNIA?
The time you have to file a claim depends on the type of violation. For example, you typically have 3 years to file a wage claim, and 2 years for a wrongful termination claim. It’s crucial to act quickly to preserve your legal rights.
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9. CAN I BE FIRED FOR TAKING FAMILY OR MEDICAL LEAVE?
No, it is illegal for employers to fire or retaliate against an employee for taking protected leave under the Family and Medical Leave Act (FMLA) or California’s Family Rights Act (CFRA). If your job was jeopardized due to taking medical or family leave, you may have a legal claim for wrongful termination or retaliation.
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10. WHAT IS RETALIATION IN THE WORKPLACE?
Retaliation occurs when an employer punishes an employee for engaging in legally protected activities, such as filing a complaint about workplace discrimination, harassment, or unsafe working conditions. This can include actions like demotion, pay reduction, job reassignment, or termination. If you have faced retaliation, it’s important to understand your rights and seek legal advice.
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11. ARE THERE LAWS PROTECTING MY RIGHTS AS A PART-TIME EMPLOYEE?
Yes, in California, part-time employees are entitled to the same workplace protections as full-time employees, including protections against discrimination, harassment, and wrongful termination. Part-time workers also have the right to minimum wage and overtime pay, depending on the hours worked. Contact an employment lawyer to ensure your rights are being upheld.
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12. WHAT IS THE DIFFERENCE BETWEEN EXEMPT AND NON-EXEMPT EMPLOYEES?
In California, employees are classified as either exempt or non-exempt based on their job duties and salary level. Non-exempt employees are entitled to overtime pay, meal breaks, and other protections under labor laws. Exempt employees, typically in higher-level positions, are not entitled to overtime. Misclassifying an employee as exempt when they should be non-exempt can lead to violations of labor laws.
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13. CAN MY EMPLOYER REFUSE TO PROVIDE A MEAL OR REST BREAK?
Under California law, employees who work more than 5 hours in a workday are entitled to a 30-minute meal break, and employees who work more than 3.5 hours are entitled to a 10-minute rest break for every 4 hours or a major fraction worked. If your employer refuses to provide these breaks, it may be a violation of state labor laws. You have the right to file a claim if your breaks are denied.
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14. WHAT IS "AT-WILL" EMPLOYMENT IN CALIFORNIA?
California is an "at-will" employment state, meaning that an employer can terminate an employee at any time, for any lawful reason, or for no reason at all. However, there are exceptions: an employer cannot terminate an employee for discriminatory reasons, in retaliation for whistleblowing, or in violation of public policy. If you believe you were wrongfully terminated, it’s important to discuss your case with an attorney.
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15. HOW DO I FILE A COMPLAINT FOR WORKPLACE HARASSMENT IN CALIFORNIA?
If you experience workplace harassment, you can file a complaint with your employer's Human Resources (HR) department. If your employer fails to take action, you may seek legal counsel to explore your options to defend your rights.
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16. WHAT IS A “HOSTILE WORK ENVIRONMENT”?
A hostile work environment is created when an employee faces frequent or severe harassment that interferes with their ability to perform their job. This can include discriminatory remarks, sexual harassment, or other inappropriate behaviors. If you feel your workplace has become hostile, you should speak to a lawyer to evaluate your legal options.
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17. ARE EMPLOYERS REQUIRED TO PROVIDE HEALTH INSURANCE TO EMPLOYEES?
In California, under the Affordable Care Act (ACA), employers with 50 or more full-time employees are required to provide health insurance to their workers or face penalties. However, smaller employers are not required to provide health insurance. If you believe your employer is violating this law, you may seek legal counsel to defend your rights.
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18. WHAT ARE MY RIGHTS IF I’M BEING MISCLASSIFIED AS AN INDEPENDENT CONTRACTOR?
In California, workers who perform duties that are integral to the company’s business and under the company’s control should generally be classified as employees, not independent contractors. Misclassification can deprive workers of benefits such as minimum wage, overtime, and other protections. If you believe you’ve been misclassified, it’s important to speak with a lawyer to determine your rights.
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19. CAN I FILE A LAWSUIT FOR UNPAID WAGES IN CALIFORNIA?
Yes, in California, you can file a lawsuit for unpaid wages, including overtime, commissions, or bonuses. The statute of limitations for filing a wage claim is typically 3 years. Additionally, you may be entitled to interest, penalties, and attorney fees if your employer is found to have violated wage laws.
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20. WHAT IS THE "MEAL BREAK PENALTY" IN CALIFORNIA?
If an employer fails to provide a required meal break to an employee, the employer is required to pay the employee one additional hour of pay at their regular rate for each day the break is missed. This is known as the “meal break penalty.” If you have been denied a meal break, you may be entitled to this additional pay.
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21. CAN MY EMPLOYER RETALIATE IF I TAKE FAMILY LEAVE UNDER FMLA OR CFRA?
No, retaliation for taking family leave under the Family and Medical Leave Act (FMLA) or California Family Rights Act (CFRA) is illegal. If you are retaliated against for taking protected leave, you may have grounds for a legal claim.
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22. HOW DO I FILE A WAGE AND HOUR LAWSUIT IN CALIFORNIA?
To file a wage and hour lawsuit, you’ll need to gather documentation of the wages you were paid, the hours you worked, and any communications with your employer regarding your pay. Consult with an employment lawyer to discuss the best course of action.
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23. WHAT IS THE CALIFORNIA FAIR PAY ACT?
The California Fair Pay Act mandates that employees of different genders, races, or ethnicities who perform substantially similar work be paid equally unless there are legitimate, job-related reasons for the disparity. If you believe you are being paid less than employees performing the same job due to discrimination, you may have a legal claim under this law.
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​24. WHAT IS THE CALIFORNIA FAMILY RIGHTS ACT (CFRA) AND HOW DOES IT PROTECT ME?
The California Family Rights Act (CFRA) provides employees with the right to take up to 12 weeks of unpaid, job-protected leave for specific family and medical reasons, such as the birth or adoption of a child, or to care for a sick family member. CFRA also covers an employee’s own serious health condition. It ensures that employees who take leave under these circumstances cannot be fired or retaliated against.
25. CAN I SUE MY EMPLOYER FOR NOT PAYING ME FOR OVERTIME HOURS WORKED?
Yes, if your employer fails to pay you overtime wages for hours worked beyond 8 hours in a day or 40 hours in a week, you may have the right to file a lawsuit to recover unpaid wages. California law mandates that overtime must be paid at 1.5 times your regular rate of pay for most employees. Contact an employment attorney to help you pursue compensation for unpaid overtime.
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You don’t have to face workplace issues alone. At Tunyan Law, we’re committed to providing top-tier legal representation to employees in California. If you’ve been wronged at work, we’re here to help.
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