Employment Lawyer in California
California has some of the nation’s most protective and complex employment laws. Navigating this legal patchwork requires an experienced California employment law attorney. At TONG LAW, our lawyers have experience representing California employees with their employment law claims.
Whether you are facing discrimination, harassment, wrongful termination, unpaid wage issues, breach of employment agreement, or other employment law matters, we have the knowledge to protect your rights and pursue the full recovery. If you feel you have a claim, it’s time to talk to a lawyer.
What To Know About Employment Laws and Protections in California
While federal laws like Title VII and the Americans with Disabilities Act (ADA) prohibit discrimination, California law provides additional protections and rights.
Some of the most important employment laws in California include:
Fair Employment and Housing Act (FEHA)
This expansive law prohibits discrimination and harassment in employment based on protected characteristics like race, religion, gender, and sexual orientation. FEHA also makes it illegal to retaliate against employees who report discriminatory treatment. The law covers hiring, promotions, terminations, and all other aspects of the employment relationship.
California Family Rights Act (CFRA)
Alongside the federal Family and Medical Leave Act, the CFRA allows eligible employees to take job-protected leave for family care, bonding with a new child, and the employee’s own health conditions. It provides 12 weeks of unpaid leave while maintaining health insurance coverage.
Healthy Workplaces, Healthy Families Act
This law requires all employers to provide paid sick leave benefits. Employees accrue at least 1 hour of paid leave for every 30 hours worked. Accrued paid sick leave can be used for personal health needs or to care for family members.
California Equal Pay Act
This prohibits employers from paying workers less than those of another gender for “substantially similar work.” It also forbids using prior salary alone to justify pay disparities between genders.
California Labor Code
The expansive California Labor Code establishes standards for wages, breaks, overtime, expense reimbursements, worker safety, and numerous other employment matters. Sections like Labor Code Section 226 outline requirements for wage statements furnished to employees.
The Private Attorneys General Act (PAGA)
PAGA allows California workers to act on behalf of the state to enforce labor laws when their employers violate regulations in the workplace. This law allows employees to file civil claims against employers to seek penalties for violations of the law. Unlike a class action case, where employees file the case on their own behalf, workers under PAGA are filing the claim on behalf of the government. When penalties are awarded for a PAGA case, 75% goes to the civil agency, and 25% goes to the affected employees.
Understanding how these key laws intersect and overlap is crucial to comprehend your rights as a California employee. An experienced employment attorney can explain how the laws apply and which protections cover your situation.
How FEHA Compares to Federal Laws
Compared to federal laws like Title VII of the Civil Rights Act or the ADA, FEHA is much more comprehensive. While there is a lot of overlap, the state intentionally wrote FEHA to cover more workers, protect more classes of people, and create more employer obligations than federal laws. What’s more, FEHA also has no cap on damages employees can recover if they file a claim, unlike federal laws.
One of the most important aspects of FEHA is that it specifically lists more protected classes than federal law. Specifically, California’s law clearly extends protections based on marital status, sexual orientation, gender identity, gender expression, ancestry, genetic information, medical conditions, and status as a veteran or military member.
Additionally, FEHA applies to smaller employers than federal laws do. Under Title VII and the ADA, employers must comply with the law if they have 15 or more employees. However, FEHA lowers that number to five. This means many small businesses in California that are not required to comply with federal law must follow FEHA, increasing the number of protected employees.
FEHA also imposes mandatory harassment training and adds further protections for employees against harassment. Supervisors must undergo two hours of harassment training and other employees must receive one hour of training every two years. Harassment liability is also expanded, as employers can be liable for harassment committed by supervisors, coworkers, and even third parties.
Types of Claims Handled by California Employment Lawyers
At TONG LAW, we routinely represent California employees for the following types of employment law disputes:
Wrongful Termination
California law prohibits firing employees for discriminatory reasons or in retaliation for whistleblowing. Even “at-will” employees are prohibited from being terminated by the employer for an unlawful reason such as due to discrimination based on a protected status, retaliation, or for reasons that violate public policy, such as taking permitted leave or reporting unlawful activity at work.
Workplace Discrimination & Harassment
There are many different facets of workplace discrimination and harassment.
- At least 46% of LGBTQ+ workers have experienced unfair treatment at work at some point in their careers.
- In a UCLA survey, 70% of Latino and Asian immigrants perceive racial discrimination in the workplace.
- Sexual harassment remains a major problem affecting up to 40% of women.
California law also prohibits harassment based on protected characteristics like race, nationality, sex, gender, disability, marital status, religion, pregnancy, associational, and cannabis usage, At
TONG LAW, we’ve helped countless employees get justice for workplace harassment.
Overtime & Wage Violations
We commonly see wage theft in the form of denied overtime pay, meal and rest break violations, and improper expense reimbursements. California wage and hour laws are among the nation’s strictest, and employers can be liable for substantial back pay, damages, and penalties.
Family & Medical Leave Interference
When employees entitled to CFRA/FMLA leave suffer retaliation, demotion, or termination, it warrants an employment attorney’s immediate attention. We help clients fight FMLA interference and recover lost income.
Breach of Employment Contract
Employment contracts establish legally enforceable rights. When binding promises related to pay, benefits, equity, or other compensation are broken, we can pursue breach of contract claims on our client’s behalf.
Our experienced employment litigation team has the knowledge and resources to thoroughly investigate your claim and build a compelling case on your behalf. We fight to obtain the maximum recovery, whether through aggressive pre-trial advocacy or taking your case to trial.
The ABC Test for Worker Misclassification
Across the U.S., an estimated 10% to 30% of employers misclassify employees as independent contractors. This is a major concern, as independent contractors are not entitled to the same benefits and protections under the law as typical employees. In California, there is a strict legal standard to determine a worker’s classification, known as the ABC test. The three parts of the test include:
- The worker is free from employer control: First, an employer must show that a worker is not under direct control of the company while performing their duties, both under their contract and in actual practice.
- The duties are outside of the company’s usual business operations: The work the contractor does must be different from the work the company ordinarily does. For example, a grocery store hiring an electrician to fix the lights clearly establishes a contractor relationship.
- The worker is performing an independent trade: The worker must be engaged in an independent business, trade, or occupation that performs the same type of work for other clients.
If an employer cannot prove a worker meets these three criteria, then they must be treated as an employee of the company. This means they’d be entitled to benefits offered by the employer and protections under state and federal law.
Step-by-Step: The Anatomy of an Employment Claim
Many workers know they’ve been treated unfairly but are unsure what they can do to take action. What’s more, they often don’t know what to expect from the legal process going forward. When you hire a California employment lawyer from TONG LAW, we get to work quickly, preparing your claim and getting you ready for the process that will follow.
Step 1: Initial Investigation and Evidence Presentation
The first step after you hire TONG LAW is a thorough investigation. We will review documents, interview witnesses, and identify any violations of the law. Evidence preservation is key at this stage. Important pieces of evidence include emails, texts, HR reports, performance reviews, and pay stubs. Securing evidence early on prevents your employer from trying to delete or destroy it later.
Step 2: Filing an Administrative Complaint
Before you can file a claim in court against your employer, you typically need to report the matter to an administrative agency. California workers can file a complaint with the state Civil Rights Department or with the federal Equal Employment Opportunity Commission. If there’s reason to believe misconduct occurred, the agency may investigate and issue a right-to-sue notice, which allows employees to pursue the case in court.
In 2024, the CRD launched 6,089 investigations for 7,195 reports. Your attorney can help make sure you file your report correctly and help you provide all the necessary evidence for the CRD to investigate your employment law case.
Step 3: Settlement Negotiations and Mediation
If the CRD investigates your claim and finds evidence of misconduct, the case moves forward. Often, the CRD facilitates mediation to help the parties work toward an amicable resolution. Many employment cases end here with the help of a third-party mediator or in private settlement discussions. This helps workers receive compensation while sparing everyone the time and expenses that come with a trial.
Step 4: Filing a Claim With the Court and Discovery
If you and your employer cannot reach an agreement, the next step is to petition the court for a resolution. Shortly after litigation begins, the parties will engage in discovery, where they exchange evidence and gather testimony. Discovery may include document requests, written questions, depositions, and analysis from experts. This helps our legal team assess the strength of the other side’s case.
Step 5: Trial
While settlement negotiations may be ongoing throughout the case, the matter may eventually proceed to trial if they’re unsuccessful. Many attorneys are afraid to take a case to trial, but not the team at TONG LAW. We prepare for this outcome from day one.
Choosing the Right California Employment Attorney for You
With so much at stake, it is critical to retain a California employment attorney with relevant experience and a proven record of success.
Here are important factors to consider when choosing a California employment attorney:
- Look for lawyers who specifically and routinely handle California employment law cases. Outcomes often hinge on mastering the nuances of California labor statutes and case law.
- Opt for an employment law firm or attorney with abundant experience handling claims like yours. For instance, a lawyer who has tried dozens of wage and hour class actions is a better fit than one whose focus is on harassment.
- Review the lawyer’s background and track record of recoveries obtained for past clients. More successful outcomes suggest stronger litigation skills.
- Schedule an initial consultation. This gives you an opportunity to assess the lawyer’s knowledge and communication style before committing to legal representation.
Here at TONG LAW, we are confident we have the skills and experience to effectively advocate for your rights as an employee. For a case review, contact our office today to schedule a no-obligation consultation.
Take the Next Step and Hire an Employment Law Attorney From TONG LAW
Dealing with employment law disputes can feel daunting. But you don’t have to handle it alone. Hire an employment law attorney from TONG LAW. We have the experience, resources, and determination to advocate for your rights.
We know the state’s employment laws, and we are firmly committed to empowering everyday employees and helping you get justice. Our extensive background in handling claims just like yours means we know what legal strategies work.
At TONG LAW, you are more than just another case number. Contact our compassionate and strategic employment law attorneys today for a consultation. We are ready to answer your questions, discuss legal options, and start helping you pursue fair compensation.
