Practice Areas
How Can Employment Lawyers Help You?
Employment lawyers can provide guidance and representation to employees who have experienced retaliation for engaging in protected activities, such as reporting workplace safety violations, taking family or medical leave, or whistleblowing on illegal employer practices. Additionally, employment lawyers can assist employees with issues related to wage and hour disputes, such as unpaid overtime, missed meal and rest breaks or improper classification as an independent contractor. Below are examples of how employees’ rights can be violated.
Wrongful Termination
In California, the employment relationship is generally considered “at-will,” meaning an employer can terminate an employee for any reason or no reason at all, as long as the reason is not unlawful. However, there are important exceptions and protections under California law that prohibit employers from terminating employees in certain circumstances.
Being terminated is a very stressful and challenging experience for many employees. If you are wondering whether your termination was legal or not, here is a quick guide. It is illegal if it is based on any of the following reasons:
- An employee’s sex, race, gender, sexual orientation, religion, or nationality;
- An employee’s mental or physical disability, health or medical condition, or pregnancy;
- The employee filing for workers’ compensation after a work injury;
- An employee’s complaint or report of unlawful working conditions or illegal activity by the company; and
- An employee exercising his or her right to medical or family leave or otherwise asserting their rights under the law.
One of the most common forms of unlawful termination in California is wrongful discharge in violation of public policy. This occurs when an employer fires an employee for a reason that undermines a fundamental public policy, such as the employee’s refusal to engage in illegal conduct, the employee’s exercise of a statutory right (e.g. taking medical leave), or the employee’s whistleblowing activities.
California also prohibits termination on the basis of the employee’s protected characteristics, including race, color, religion, national origin, ancestry, disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, or military and veteran status. Termination on these discriminatory grounds violates the California Fair Employment and Housing Act (FEHA).
Workplace Retaliation
In California, it is unlawful for an employer to retaliate against an employee for engaging in certain protected activities. The California Labor Code and Fair Employment and Housing Act (FEHA) establish robust anti-retaliation protections to encourage employees to report unlawful conduct without fear of facing adverse consequences.
Under California law, it is unlawful for an employer to take adverse employment action against an employee because the employee has:
- Opposed any practice made unlawful by FEHA, such as discrimination or harassment
- Filed a complaint, testified, or assisted in any proceeding under FEHA
- Disclosed their own wages or discussed the wages of others
- Exercised their rights under the California Family Rights Act or Pregnancy Disability Leave Law
- Reported violations of the Labor Code, including issues related to wages, hours, and working conditions
Adverse employment actions that may constitute unlawful retaliation include termination, demotion, reduction in pay or hours, denial of promotion or training opportunities, unfavorable job assignments, and other forms of differential treatment.
To establish a claim for retaliation, the employee must demonstrate that their protected activity was a motivating factor in the employer’s decision to take the adverse action. This causal connection can be shown through direct evidence, such as statements made by the employer, or circumstantial evidence, such as suspicious timing or disparate treatment.
Sexual Harassment
Sexual harassment continues to be a problem in many places of employment and should not be tolerated by any employee. Sexual harassment is a form of unlawful sex discrimination prohibited by the Fair Employment and Housing Act (FEHA) under California law.
Some examples of conduct that may constitute sexual harassment include:
- Unwanted physical touching, hugging, or kissing
- Unwanted sexual comments, jokes, or innuendos
- Displaying sexually suggestive images or objects
- Unwanted requests for dates or sexual favors
FEHA defines two primary types of actionable sexual harassment in the workplace:
Quid Pro Quo Harassment
This occurs when an employer, supervisor, or other person with authority conditions an employment benefit, such as a promotion, raise, or continued employment, on the employee’s submission to unwelcome sexual advances or conduct. Quid pro quo harassment involves an abuse of the employer’s actual or perceived power over the employee’s terms and conditions of employment.
Hostile Work Environment Harassment
This arises when unwelcome sexual conduct or other sex-based behavior is sufficiently severe or pervasive to create an intimidating, hostile, or abusive work environment that interferes with the employee’s job performance. Examples may include unwanted sexual touching, lewd comments, the display of sexually suggestive materials, or the creation of a sexually charged atmosphere.
To be actionable, the harassment must be subjectively and objectively offensive, meaning the employee must have found the conduct unwelcome and a reasonable person in the employee’s position would also find it hostile or abusive.
Significantly, the harasser can be the victim’s supervisor, a co-worker, or even a third party, such as a customer or vendor. Employers can be held vicariously liable for sexual harassment by supervisors and may also be liable for co-worker or third-party harassment if they knew or should have known about the conduct and failed to take prompt, corrective action.
Reporting sexual violence is an incredibly personal decision and one that is not easy to make. At Nader Law Group, we stand with you, we believe you, and we will fight for you.
Pregnancy Discrimination
California laws protect employees against discrimination or harassment on the basis of pregnancy (including childbirth or any related medical condition). These laws also prohibit employers from denying or interfering with pregnancy-related employment rights.
This protection extends not only to pregnant women, but also to those who have a history of pregnancy or a perceived pregnancy.
As an expectant mother, employees have the right to seek workplace accommodations for pregnancy-related medical needs. These accommodations may include:
- Temporary transfer or a job reassignment that has less physically demanding tasks
- A chair or stool to sit on during your shift
- Additional or more frequent rest breaks
- Time off for doctor’s appointments
- Time off for doctor’s appointments
- Reduced hours and scheduling modifications
There are several types of pregnancy discrimination that are prohibited under California law:
1. Hiring Discrimination: Employers cannot refuse to hire or promote a woman based on her pregnancy, childbirth, or any medical conditions related to pregnancy or childbirth.
2. Termination Discrimination: Employers cannot fire, demote, or otherwise terminate a woman’s employment because of her pregnancy, childbirth, or any medical conditions related to pregnancy or childbirth.
3. Failure to Provide Reasonable Accommodations: Employers must provide reasonable accommodations to pregnant employees, such as modified work schedules, breaks, or temporary light-duty assignments, unless doing so would cause undue hardship to the employer.
4. Denial of Pregnancy Disability Leave: Employers with 5 or more employees must provide up to 4 months of pregnancy disability leave for employees who are disabled due to pregnancy, childbirth, or related medical conditions.
5. Retaliation: Employers cannot retaliate against an employee for requesting or using pregnancy-related leave or other accommodations.
6. Harassment: Employers cannot subject pregnant employees to harassment, such as offensive comments, jokes, or unwanted touching related to their pregnancy.
It is unlawful for an employer to make adverse employment decisions, such as refusal to hire, termination, demotion, or failure to provide reasonable accommodations, due to an employee’s pregnancy or pregnancy-related condition. Employers must also provide reasonable accommodations to allow pregnant employees to perform the essential functions of their job, unless doing so would cause undue hardship.
Reasonable accommodations for pregnancy can include modifications to job duties, work schedules, or the work environment, as well as the provision of break time and private space for lactation. Employers are required to engage in a timely, good-faith interactive process with the employee to identify effective accommodations.
In addition to the protections under FEHA, California’s Pregnancy Disability Leave Law (PDLL) entitles eligible employees to up to four months of job-protected leave for disabilities related to pregnancy, childbirth, or related medical conditions. Employers must maintain the employee’s health benefits during this leave.
Disability Discrimination
In California, the Fair Employment and Housing Act (FEHA) prohibits employers from discriminating against individuals with disabilities. FEHA defines a disability as a physical or mental impairment that limits one or more major life activities. This includes both physical disabilities, such as mobility impairments or sensory disabilities, as well as mental disabilities, such as mental health conditions or learning disorders.
It is unlawful for an employer to make adverse employment decisions, such as refusal to hire, termination, demotion, or failure to provide reasonable accommodations, based on an employee or applicant’s known physical or mental disability. Employers must also provide reasonable accommodations to allow qualified individuals with disabilities to perform the essential functions of a job, unless doing so would cause undue hardship.
To establish a claim of disability discrimination, the employee or must demonstrate that they have a disability as defined by FEHA, that they are qualified to perform the essential functions of the job with or without reasonable accommodation, and that the employer took an adverse action against them because of their disability.
Reasonable accommodations can include modifications to the work environment, job duties, or work schedule, as well as the provision of assistive devices or services. Employers are required to engage in an interactive process with the employee to identify effective accommodations.
Can You Get Stress Leave in California?
California employees may be entitled to take stress leave in certain situations. Here are some key points about stress leave in California:
1. Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA):
- - Employees who meet the eligibility requirements for FMLA and CFRA may be able to take leave for their own serious health condition, which can include stress-related issues.
- - The leave can be taken for the employee's own serious health condition that makes them unable to perform their job duties.
2. Disability Leave:
- - Employees with a disability, including a mental health condition like stress or anxiety, may be entitled to reasonable accommodation under the California Fair Employment and Housing Act (FEHA).
- - This can include taking disability leave or a reduced work schedule to manage the stress-related condition.
3. Sick Leave:
- - California law requires employers to provide paid sick leave, which can be used for the employee's own mental or physical health condition, including stress-related issues.
The specific requirements and eligibility for these types of leave can vary, and employees may need to provide medical documentation to support their need for stress-related leave. Employers are also required to engage in the interactive process to determine reasonable accommodations for employees with stress-related conditions.
If you believe you have been the victim of disability discrimination, or if you have been denied the accommodations that are necessary for you to do your job, consult with our attorneys to understand your rights and legal options for pursuing a claim.
Equal Pay and Gender Discrimination
In California, the Fair Employment and Housing Act (FEHA) prohibits employers from making employment decisions based on an individual’s sex, gender, gender identity, or gender expression. This includes discrimination in hiring, firing, compensation, terms, conditions, and privileges of employment. Consider the following situations:
Under FEHA, it is unlawful for an employer to treat an employee or applicant less favorably because of their gender. This can include denying equal opportunities for advancement, subjecting employees to a hostile work environment based on gender or taking adverse actions such as termination or demotion due to an employee’s gender.
To establish a claim of gender discrimination, the employee or applicant must demonstrate that their gender was a substantial motivating factor in the employer’s challenged action. This can be shown through direct evidence of discriminatory intent or through circumstantial evidence of disparate treatment or impact.
Equal Pay
California’s Equal Pay Act requires employers to provide equal pay for employees who perform substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions. This law applies regardless of the employee’s sex, race, or ethnicity.
Employers are prohibited from paying employees of one sex less than employees of the opposite sex, or paying employees of certain races or ethnicities less than employees of other races or ethnicities, for substantially similar work. The only permissible pay differentials are those based on seniority, merit, quantity or quality of production, or a bona fide factor other than sex, race, or ethnicity.
As a female attorney, Ms. Nader knows all too well the uphill battles that women face in the professional world. She understands the unique challenges that women face and is committed to using her legal experience to be a more empathetic, compassionate, and effective advocate for her clients.
If you believe you have been subject to unlawful gender discrimination or unequal pay, contact Nader Law Group.
Wage and Hour Violations
The California Labor Code requires employers to pay employees all wages earned, including minimum wage and any agreed-upon compensation, in a timely manner. It is unlawful for an employer to fail to pay employees for all hours worked, including time spent attending mandatory meetings or trainings, performing work outside scheduled shifts, or being on-call. Employees who are not paid all wages owed may be entitled to recover the unpaid wages, as well as associated penalties and interest.
Rest and meal breaks are essential for maintaining your safety and health. Have you ever wondered what your rights are regarding your breaks at work? Consider the following situations:
- You have been forced to miss or skip your breaks
- You have to be on-duty during your resting periods
- Your breaks are interrupted and cut short
It’s crucial to know your rights to meal breaks and rest breaks as an employee.
Meal and Rest Breaks
California law requires employers to provide nonexempt employees with duty-free meal periods of at least 30 minutes when they work more than 5 hours per day, as well as 10-minute paid rest breaks for every 4 hours worked. Employers who fail to provide these legally mandated meal and rest breaks may be liable to the employee for premium pay, which is an additional hour of pay at the employee’s regular rate.
Overtime
California has specific rules about which employees are exempt from overtime pay requirements and which are non-exempt. Under the California Labor Code, nonexempt employees must be paid overtime compensation at 1.5 times their regular rate of pay for any hours worked over 8 in a day or 40 in a workweek. For hours worked over 12 in a day or 8 on the 7th consecutive day of work in a workweek, employees are entitled to double-time pay. Employers who fail to properly compensate employees for overtime may be liable for the unpaid overtime wages, as well as penalties.
Misclassification
Sometimes, employers intentionally misclassify employees as 1099 independent contractors to avoid having to pay overtime, pay, or meal and rest breaks. Misclassification can result in employees being denied proper wages, benefits, and protections under California law. Misclassifying an employee for the sake of not paying them overtime wages is illegal and unethical. California wage and hour laws have specific guidelines for employers on how they classify employees and how overtime hours and pay should be calculated.
California has a strict “ABC test” to determine if a worker should be classified as an employee or independent contractor. The worker must meet all three criteria of the ABC test to be considered an independent contractor.
The ABC test has three parts, all of which must be met for a worker to be considered an independent contractor:
A. The worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact.
B. The worker performs work that is outside the usual course of the hiring entity’s business.
C. The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed for the hiring entity.
If the employer cannot prove all three of these elements, the worker must be classified as an employee, not an independent contractor. This places a high burden on employers to properly classify their workers.
If you believe that you are being misclassified and are owed overtime wages that you weren’t paid, then contact our law firm.
PAGA and Class Actions
The Private Attorneys General Act (PAGA) is a California law that allows employees to bring civil actions on behalf of themselves and other current or former employees to recover civil penalties for violations of the California Labor Code. Under PAGA, employees can recover civil penalties that would otherwise be assessed and collected by the state’s labor law enforcement agencies.
PAGA claims are not traditional class actions, but rather a form of representative action where the employee brings the lawsuit on behalf of the state and, if successful, recovers penalties that are then distributed between the employee, other aggrieved employees, and the state. PAGA claims allow for the recovery of civil penalties for various labor law violations, such as failure to pay wages, overtime, or provide rest/meal breaks.
In addition to PAGA claims, California employment law also permits a representative employee to file a class action lawsuits. Class actions permit a representative plaintiff to bring claims on behalf of a larger group or “class” of similarly situated employees. To certify a class, the court must find that the class is sufficiently numerous, that common questions of law or fact predominate, that the class representative’s claims are typical of the class, and that the class representative will adequately protect the interests of the class.
Successful class action lawsuits under California employment law can result in awards of compensatory damages, injunctive relief, and in some cases, civil penalties. Class actions are often used to address systemic workplace violations that affect a large number of employees, such as misclassification, failure to provide meal and rest breaks, or unlawful wage deductions.
Both PAGA claims and class actions play an important role in enforcing California’s robust labor laws and protecting the rights of employees in the state. At Nader Law Group our attorneys have successfully advocated and won numerous PAGA and Class Action lawsuits.
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