Employment law in California is complex, and it’s crucial for employers and employees alike to understand their rights and obligations. Whether you’re an employer looking to comply with California’s employment laws or an employee seeking to protect your rights in the workplace, this overview will provide you with a comprehensive understanding of the legal landscape. At Bridgford, Gleason & Artinian, from minimum wage and overtime laws to discrimination and harassment protections, our California employment law attorneys can help guide you in your case. In 30 years of representing both employees and employers in a variety of employment matters, the lawyers at Bridgford Gleason & Artinian have gained a unique perspective on helping clients protect their rights. Contact us today for your free consultation.
California Employment Law Claims We’ve Handled At Bridgford, Gleason & Artinian
We have represented numerous employees in bringing successful employment claims based on wrongful termination, including sexual harassment and discrimination cases involving age, gender, race, HIV, and sexual orientation. We also handle cases for employees alleging retaliation and violation of public policy against their employers. In the past, we have reached settlements of up to 6 and 7 figures in verdicts and cases involving wrongful termination, sexual harassment, and employee severance agreement issues.
What is California Employment Law?
Employment law is a legal area that governs the relationship between employers and employees. It encompasses a wide range of legal regulations, including federal and state laws, regulations, and court decisions that affect the rights and responsibilities of employers and employees in the workplace. Employment law covers various aspects of the employment relationship, such as hiring, firing, wages and hours, workplace safety, discrimination and harassment, and benefits and compensation. The goal of employment law is to protect the rights of both employers and employees, promote workplace fairness and equality, and ensure compliance with legal obligations.
Examples of California Employment Law Claims
California Employment Law covers a wide range of legal claims. Some examples include:
- Discrimination and Harassment: Employers cannot discriminate against employees or job applicants on the basis of protected characteristics, such as race, gender, age, religion, sexual orientation, or disability. Employers also have a legal obligation to prevent and address workplace harassment, including sexual harassment.
- Wrongful Termination: California is an at-will employment state, meaning employers can terminate employees for any reason as long as it’s not illegal. However, employers cannot terminate employees for discriminatory reasons, retaliation, or for exercising their legal rights.
- Wage and Hour Violations: Employers must comply with California’s wage and hour laws, which govern minimum wage, overtime pay, meal and rest breaks, and other compensation-related requirements.
- Whistleblower Retaliation: California law protects employees who report illegal activities or violations of workplace health and safety laws from retaliation by their employers.
- Breach of Contract: Employment contracts, such as non-compete agreements or severance agreements, are legally binding. Employers who breach these contracts can be held liable for damages.
- Failure to Accommodate Disabilities: Employers have a legal obligation to provide reasonable accommodations to employees with disabilities, including modified work schedules, equipment, or other support, to enable them to perform their job duties.
Governing Laws in California Employment Law Claims
California has several laws that govern employment law claims. Some of the most important laws include:
- California Fair Employment and Housing Act (FEHA): This law prohibits employment discrimination, harassment, and retaliation based on protected characteristics, such as race, gender, age, religion, sexual orientation, and disability. FEHA applies to employers with five or more employees.
- California Labor Code: This law sets minimum wage, overtime, and other wage and hour requirements for California employees. It also governs meal and rest breaks, time off for sick leave and family leave, and other employment-related matters.
- California Family Rights Act (CFRA): This law provides employees with up to 12 weeks of unpaid leave per year to care for a new child, a seriously ill family member, or the employee’s own serious health condition. CFRA applies to employers with 50 or more employees.
- California Whistleblower Protection Act: This law prohibits retaliation against employees who report violations of law or regulations, or who refuse to participate in illegal activities.
- California Private Attorneys General Act (PAGA): This law allows employees to file lawsuits on behalf of the state of California to recover penalties for violations of labor laws.
- California Labor Code section 2802: This law requires employers to reimburse employees for expenses incurred as part of their job duties.
- California Unemployment Insurance Code: This law provides unemployment benefits to eligible employees who lose their job through no fault of their own.
Statute of Limitations for California Employment Law Claims
The statute of limitations is the time limit within which a person must file a legal claim. In California, the statute of limitations for employment law claims varies depending on the type of claim. Some of the most common statutes of limitations for employment law claims in California are:
- Discrimination and Harassment Claims: Employees must file a complaint with the Department of Fair Employment and Housing within one year of the discriminatory or harassing conduct. After receiving a right-to-sue letter from the department, employees have one year to file a lawsuit in court.
- Wrongful Termination Claims: Employees generally have two years from the date of the termination to file a lawsuit for wrongful termination. However, if the termination was based on discrimination or retaliation, the one-year statute of limitations for discrimination and harassment claims applies.
- Wage and Hour Claims: Employees have three years to file a lawsuit for wage and hour violations, such as failure to pay minimum wage or overtime.
- Breach of Contract Claims: The statute of limitations for breach of contract claims is generally four years from the date of the breach.
- Whistleblower Retaliation Claims: Employees have three years from the date of the retaliation to file a lawsuit for whistleblower retaliation.
Contact Our California Employment Lawyers Today
If you believe that your employer has violated your rights or you are facing any employment-related legal issue, it’s important to seek the guidance of an experienced California employment lawyer. For both employers and employees, our California employment lawyers have extensive experience both pursuing and defending claims involving breach of employment contracts, non-competition and anti-solicitation of employee agreements, and theft of trade secrets. Additionally, we defend employers against allegations of discrimination and other employment-related claims. At Bridgford, Gleason & Artinian, we can help you understand your legal rights, assess the strength of your claim, and advocate for your interests in negotiations and court proceedings. Contact us today to schedule a consultation and learn how we can help you protect your legal rights and pursue the compensation and justice you deserve.