Frequently Asked Questions

Legal cases are usually resolved in one of the following ways:

1. Settlement – Most cases are resolved outside of court through negotiation between the parties, often resulting in a settlement agreement.
2. Mediation or Arbitration – In some cases, alternative dispute resolution methods like mediation or arbitration are used to reach a solution without a full trial.
3. Court Judgment – If no agreement is reached, the case may proceed to trial where a judge (or jury) hears the evidence and makes a binding decision.
4. Dismissal – A case may also be dismissed by the court for legal reasons or at the request of one of the parties.

Yes. All information you share with our firm is kept strictly confidential. We are bound by attorney–client privilege and legal ethics rules, which means we cannot disclose your case details without your consent. From the moment you contact us, your privacy and trust are our top priority.

Yes. All information you share with our firm is kept strictly confidential. We are bound by attorney–client privilege and legal ethics rules, which means we cannot disclose your case details without your consent. From the moment you contact us, your privacy and trust are our top priority.

At Tunyan Law, APC, most employment law cases are handled on a contingency basis — meaning you pay nothing unless we recover compensation for you.

Employees in California must be paid at least the state or local minimum wage, receive overtime pay for hours worked beyond 8 hours in a day or 40 hours in a week (unless exempt), and be paid on time. Employers also must provide accurate wage statements and pay all wages due at termination.

Not all salaried employees are exempt. Exemption depends on your job duties and salary level, not just how you’re paid. Many salaried employees in California are still entitled to overtime.

• Meal Breaks: 30 minutes unpaid  before the end of fifth hour of work.

• Second Meal Break: Before the end of tenth hour of work.

• Rest Breaks: 10 minutes paid for every 4 hours or major fraction worked.
  If your employer fails to provide these breaks, you may be entitled to additional compensation.

Discrimination occurs when an employer treats an employee unfairly based on protected characteristics such as race, gender, age, disability, religion, national origin, sexual orientation, or pregnancy. Both hiring and workplace treatment are covered.

Report it to HR or a supervisor, document the incidents, and seek legal advice. California law protects employees from harassment by supervisors, coworkers, and even clients.

No. It is unlawful for an employer to fire, demote, cut hours, or otherwise retaliate against you for asserting your workplace rights, such as complaining about wage theft, discrimination, or unsafe conditions.

Wrongful termination occurs when an employee is fired for an illegal reason—such as discrimination, retaliation, or refusal to engage in illegal activity. Even “at-will” employees have legal protections.

Yes. Most employees in California are entitled to at least 40 hours or five days of paid sick leave per year. Some cities (like Los Angeles) provide more generous benefits.

PAGA allows employees to sue their employer on behalf of the State of California for Labor Code violations. Employees can recover civil penalties for themselves and their coworkers.

Yes. Employees can file a wage claim with the California Labor Commissioner or pursue a lawsuit for unpaid wages, overtime, missed breaks, or wage statement violations.

Pregnant employees are entitled to reasonable accommodations, pregnancy disability leave, and protection from discrimination. After childbirth, they may also qualify for bonding leave under the California Family Rights Act (CFRA).

Yes. Employers must reimburse employees for necessary business expenses, such as mileage, cell phone use, internet for remote work, and required uniforms.

Employees who report illegal activity, safety violations, or fraud are protected from retaliation. This includes internal reporting or reporting to government agencies.

If you are misclassified, you may be entitled to back pay, overtime, benefits, and other protections. California applies the strict “ABC Test” to determine if a worker is truly an independent contractor.

Deadlines vary:

• Wage claims: 1–3 years depending on the violation.

• Discrimination/harassment claims: Generally 3 years to file with the California Civil Rights Department (CRD) and 1 year from receiving the Right to Sue Notice from CRD to file in court. 

• Wrongful termination claims: 2-3 years depending on the grounds for termination.
   

Yes, unless they fall under the narrow “inside sales exemption” or “outside sales exemption.” Most commissioned employees still qualify for overtime unless they meet strict requirements regarding duties, earnings, and where the work is performed.

Wage theft occurs when an employer fails to pay employees what they are legally owed. Examples include unpaid overtime, minimum wage violations, unpaid final paychecks, illegal deductions, or forcing employees to work “off the clock.”

In California, your final paycheck must be provided on your last day if you are terminated, or gave at least 72-hours notice if you quit without prior notice. If your employer delays, you may be entitled to waiting time penalties.

Employers must provide detailed, accurate pay stubs showing hours worked, pay rate, overtime, and deductions. Inaccuracies can lead to financial penalties and a legal claim under Labor Code Section 226.

Retaliation includes termination, demotion, reduction of hours, denial of promotions, harassment, or other negative treatment after you assert your legal rights (such as complaining about unsafe work conditions, unpaid wages, or discrimination).

Exempt employees are typically executive, administrative, or professional workers who meet specific salary and job duty tests. Most employees are non-exempt and entitled to overtime pay. Employers often misclassify workers to avoid paying overtime.

Yes. Employers must reimburse employees for reasonable and necessary business expenses, which can include internet costs, cell phone use, software, and office supplies used while working from home.

Under California and federal law, employers must provide reasonable accommodations for employees with physical or mental disabilities, unless doing so would cause undue hardship. Accommodations may include modified schedules, equipment, or remote work.

No. Employees who qualify for protected medical leave under the California Family Rights Act (CFRA) or the federal Family and Medical Leave Act (FMLA) cannot be terminated for exercising their right to take leave.

Yes. All workers—regardless of immigration status—are entitled to minimum wage, overtime, breaks, and protection from discrimination and harassment.

No. All hours worked must be compensated. If you are asked to set up, clean, or do work-related tasks before clocking in or after clocking out, you may have a claim for unpaid wages.

Many employers use arbitration agreements to prevent lawsuits. While enforceable in some cases, they cannot waive all employee rights. You should consult an attorney before signing or if you have already signed.

Depending on your case, you may recover:

• Unpaid wages and overtime

• Penalties for missed breaks

• Liquidated damages

• Compensation for emotional distress

• Reinstatement or lost wages for wrongful termination

• Attorney’s fees and costs

Employment cases vary. Court litigation can take years. Settlement may resolve matters faster.