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California State Labor Laws

California has unique state overtime pay laws that protect employees from extensive hours. With differ­ences between state and federal regulations on overtime pay, em­ploy­ers (especially multistate corpora­tions) often may, either accidentally or intentionally, incorrectly classify employees to avoid paying overtime wages.


California State Labor Laws: True Stories and Interviews

California Labor Law: 60 and White spells Age and Race Discrimination

Emma worked as a server at the International House of Pancakes (IHOP) for the past 10 years and you'd think after a decade of service, maybe a raise or a nice present would be in order. Instead, she was fired, at the age of 60. Emma believes she was fired because of race and age discrimination—a blatant violation of the California labor law. [MORE: LABOR LAW DISCRIMINATION]

California Labor Law: Get Your Last Check on Time

"When my boss fired me I asked for my last two paychecks," says Ben J. His boss told him that the checks would be directly deposited to his bank account, but Ben knew something about the California Labor Law. "I told him that is a violation of the state labor law and I am to be paid immediately upon termination, with no waiting period." [MORE: GET YOUR CHECK]

California Labor Law: Is Sick Time Covered?

Diane Martinez is still working at Kaiser hospital, even though she has chronic, persistent asthma and severe back problems. "I know they are going to fire me and my union won't step in to help," she says. If Martinez is fired while under doctor's orders, this may be a violation of the California labor law. [MORE: SICK TIME]

California Labor Law: We were Silicone Valley SlaveGirls

slave laborBecause Janet Glenn was hired as a salaried manager for the retailer Anne Taylor, she understood that she was exempt from overtime. That was 20 years ago. If she was working in those same conditions today, the company would be violating the California Labor Law. [MORE: LABOR LAW ABUSE IN SILICONE VALLEY]

California Labor Law: “On Valentine’s Day, instead of a pink box, I got a Pink Slip!

"I have been a victim of wrongful termination and age discrimination," says Brian Smith. The company he worked for has blatantly violated two California Labor Laws: age discrimination and wrongful termination and Smith is entitled to compensation. "On Valentine's Day, I was expecting chocolates!" says Smith. [MORE: VALENTINES WRONGFUL TERMINATION]

California Labor Law: Verbal Abuse leads to Personal Injury

verbal abuse personal injuryLisa D. put up with verbal abuse and harassment from her manager for two years. The situation got so out of control that she it now on disability. "I was making $16 per hour and I'm not sure yet what percentage I will get on disability," says Lisa, "but I'll be able to pull through this, as long as I am secure in knowing I have a job to go back to." Although verbal abuse can be intolerable, Lisa suffered slander and personal injury. The California labor law protects employees and its laws are intended to guarantee their basic rights and comfort. [MORE: VERBAL ABUSE AND PERSONAL INJURY]

Racial Discrimination and Harassment at US Mail

Chris was looking forward to a rewarding career as a postal worker when he began six years ago in Burbank, but a transfer has turned the past two years into a battle against discrimination. After buying a house in the high desert he transferred to a postal outlet in Hesperia. All went well at first until the person who hired him was fired and the new postmaster subjected Chris to systematic harassment which cost him his health, rightful hours and a good chunk of his salary. [MORE: US MAIL RACIAL DISCRIMINATION]

California Labor Law - Nobody should have to go through this

"I know the law requires a break before the end of the fifth hour worked," she said. "I didn't get a break until well into the sixth hour of work because they didn't want to pay for more management." [MORE: CALIFORNIA OVERTIME ABUSE]

California Labor Law: One employee cites three Violations

Brenda Cain worked the nightshift at a bank for eight years. For the first five years she and her co-workers didn't get a lunch break—ever. "We could have breaks, long enough to smoke a cigarette but then we had to get back to our desks because they had deadlines to meet," says Cain (not her real name). It is unbelievable that the bank didn't know they were violating the California labor law. [MORE: OVERTIME ISSUES]

Lawyer Discusses Overtime in Food Distribution Industry

overtime food distributionMany employees are unaware that they are owed overtime compensation, or they don't know where to get help. Wage and hour attorney, Kim Anglin discusses overtime issues in the food distribution industry. [MORE: OVERTIME ISSUES]


Interview with California Labor Lawyer Kim Anglin

California labor lawyer Kim Anglin discusses the creative ways that employers pass on their cost of doing business—often to the detriment of their employees. [MORE: LAWYER INTERVIEW]

California Labor Law: Overtime does Apply

David Salas worked at a small 'Mom & Pop" plumbing company for about 10 years. According to Salas, everything was going well until Frassica Plumbing hired an outside company to handle its payroll. [MORE: APPLY LAWS]

California Labor Law: "Respect the People Who Work for You"

employee respect california labor lawFrancis Mohr (not her real name) was hired as the opening chef of a California restaurant. She says that she signed a contract with her employers, who would also become her business partners, in December 2006. Mohr, who also invested $25,000 in the restaurant, became immediately involved in the process of opening the new restaurant. [MORE: RESPECT EMPLOYEES]

California Labor Law: Know Your Rights

california labor laws know your rights Ron Green has researched the California labor law and has a few issues with his former employer. The amount of money owed him in overtime isn't the main point, Ron explains. "It's the way this company treats its employees and that is why I want to pursue this lawsuit," he says. [MORE: KNOW YOUR RIGHTS]

California Labor Law: Wrongful Termination

california labor law wrongful terminationFor Guadalupe Cofer, 10 years of hard work and dedication to her job meant nothing: she was fired because she went home from work early one day—with permission. Wrongful termination is a violation of California's labor law. [MORE: WRONGFUL TERMINATION]


An interview with wage and hour claims attorney Jose Garay

interview josie garay california labor lawAn interview with wage and hour claims attorney Josie Garay, Carter and Garay [MORE: JOSE GARAY, P.I]





Interview with Labor Lawyer Jose Garay, Part 2

In the second part of our interview, lawyer Jose Garay answers some of the most commonly asked questions by employees regarding California labor law. [MORE: JOSE GARAY, P.II]

Fired Without Cause

california labor law firedIglesias was involved in a car accident and had to take time off work. Even though his doctor provided HR with a note, he was fired. Even though his company manual said that time off with a medical note, was justified. This is another example of a violation of the California labor law. [MORE: FIRED WITHOUT CAUSE]

CA labor law: From Insult to Injury and More

california labor law sexual harassment insult injuryNot only was Kathy Niccolai sexually harassed at work, she was also injured on the job. When she came back to work, the man who harassed her had taken her job and she was fired! According to California Labor Law, both incidents violate the Fair Labor Standards Act. [MORE: SEXUAL HARASSMENT]

California Labor Law: Flat Rate Below Minimum Wage

california labor law flat rate minimum wagePamela and Martin have similar jobs: Pamela is a caregiver and Martin is also a caregiver—for dogs. They also have a similar problem regarding California labor law: both work 12-hour shifts and get paid a flat rate below minimum wage. [MORE: FLAT RATE / MINIMUM WAGE]


California Labor Law: "I'm a victim of Harassment"

california labor law sexual harrassmentElisabeth Ingram was fired from her job as a server with the Black Angus restaurant in Pleasant Hill, California. The reason? The restaurant claims she violated their policy with regard to explicit language in the workplace. What she can't figure out is why all the other employees were not fired too. California labor laws also have policies... [MORE: VICTIM OF HARASSMENT]

California Labor Laws: Getting Burnt in the California Sun

california labor law minimum wage teenagersOvertime is a particularly sharp thorn in the state - especially in view of the proliferation of high-tech hardware and software companies that swell through the Silicon Valley. Computer programmers earning above a certain level ($47.81 per hour) are exempt from the normal state overtime regulations, as well as commissioned personnel. [MORE: YOUTH EMPLOYMENT WAGES]

California Labor Law - Immigrants Taken Advantage Of

california labor law immigrantDiana Meera had a difficult pregnancy, particularly the night she almost gave birth in the large retail store where she works. Diana wasn't allowed any time off, until her baby was born prematurely at 7.5 months. [MORE: TAKEN ADVANTAGE OF]


Work Environment Breaks Several California Labor Laws

california labor law hazardous environmentNot only was Jose Velasquez subjected to working in a hazardous environment, he wasn't paid overtime for working through lunches and breaks. This went on for almost four years, until he finally quit on December 1, 2006. Needless to say, his family didn't have a Merry Christmas. [MORE: LABOR LAWS BROKEN]

Fired without Cause? Appeal!

Lou Ron's boss wanted to fire him but he couldn't think of a reason that would satisfy the California labor law, so he was fired for misconduct. Fortunately for Ron, his scheme backfired, but it isn't over yet. [MORE: FIRED WITHOUT CAUSE]

Verbal Abuse Rampant at Work

california labor law verbal abuseTina Robbins suffered so much verbal abuse at LA County that she left town. The final straw came when her supervisor planned on phoning the child abuse hotline to report Tina - to her co-workers! Even employees in the public sector don't abide by California's labor laws. [MORE: VERBAL ABUSE AT WORK]

Verbal Abuse Intolerable

california labor law verbal abuse"I just got so fed up with my boss calling me names, always yelling and screaming at me," says Brian Huggins. "I tried to walk out so many times and then he would just say sorry, as if apologizing would solve everything." [MORE: VERBAL ABUSE INTOLERABLE]


Confronting Harassment at Work

california labor law confronting harassment"I dealt with verbal abuse from a fellow worker for almost four years until I couldn't take it anymore," says Michael Low. "I filed a harassment complaint with the general manager and two days later I was suspended." [MORE: HARASSMENT AT WORK]


Information on California Labor Laws
California Labor Laws Regarding Overtime Pay
California and Federal Employment labor laws secure an employee's civil rights to overtime pay and benefits while protecting against workplace harassment and discrimination. A leading California law firm is investigating labor law violations and providing free complaint evaluations for workers.

California Labor Laws Regarding Overtime Pay

california workerCalifornia has unique state overtime pay laws that protect employees from extensive hours. With differ­ences between state and federal regulations on overtime pay, em­ploy­ers (especially multistate corpora­tions) often may, either accidentally or intentionally, incorrectly classify employees to avoid paying overtime wages.

  1. California labor law differs from federal labor law. California law states that hours worked beyond 8 hours per day qualify for overtime pay of one and one half times the regular hourly wage. Hours worked over 12 hours per day qualifies for overtime pay of two times the regular wage. Some employees may be classified as Exempt and not qualify for overtime pay. To find out if you qualify to receive compensation for lost overtime wages, please submit your complaint below.

  2. Breaks: During a five hour work day, an employee is required to receive a 30 minute break. During a ten-hour work day, an employee is required to receive two 30 minute breaks.

  3. California also has separate overtime pay laws for those in the computer software industry and for commissioned employees such as stock brokers. Computer programmers must earn more than $47.81 per hour in order to be exempt from overtime pay regulations. Commissioned employees and salaried employees may qualify for overtime pay if they meet certain conditions.

California Labor Laws Regarding Discrimination

State and Federal laws also protect employees against harassment or discrimination in the workplace. Discrimination often prevents employees from employment opportunities or benefits.

  1. Workplace Discrimination can include racial or national origin discrimination, religious discrimination, age discrimination, gender or sexual orientation discrimination, pregnancy discrimination, or reverse discrimination.

  2. According to the Equal Employment Opportunity Commission (EEOC), the fastest growing areas of reported discrimination cases include pregnancy discrimination and religious discrimination.

  3. California has a high rate of immigrant employees, many have Lawful Permanent Resident (LPR) or green cards or are working with H1, H1B or H2 Visas. These employees are also protected under California labor laws and anti-discrimination laws.

California Labor Laws Regarding Harassment in the Workplace

Harassment is any form of unsolicited, deliberately offensive behavior. Workplace harassment can be instigated by a manager, a co-worker, a vendor, or even a client. In many harassment cases, the victim does not have to be the person harassed but simply one person or multiple persons affected by the offensive conduct.

Workplace harassment can include racial/ ethnic harassment, gender or sexual orientation harassment, sexual harassment, and stalking or bullying.


 
California State Labor Law Press Releases
APR-03-08: An effort is being made by Governor Arnold Schwarzenegger to hold companies accountable for California labor law violations. The most recent focus of the effort has been pallet makers particularly in the Bay area. Many of the employers that produce the pallets have tried to fly under the radar of the Economic Employment Enforcement Coalition (EEEC) in California. [MORE: LABOR LAW PRESSURE]

labor lawAPR-01-08: Imagine working for a company for 35 years, only to be cast aside without just cause. That's the circumstance, and the allegation of a wrongful dismissal lawsuit involving a 62-year-old former restaurant employee, and an International House of Pancakes outlet in Orange, California. [MORE: BUSBOY FIGHTING BACK]

MAR-01-08: On Friday, one of Los Angeles' largest Chinese-language newspapers was ordered to pay 200 employees millions of dollars because they were denied overtime pay for years. In addition to the compensation ordered to the employees by a federal judge, the company is also subject to various labor law violations in California. [MORE: LA NEWSPAPER ORDERED TO PAY OUT MILLIONS + FINES]

NOV-06-07: In California, state Attorney General Jerry Brown has signaled a harsher stance on employers exploiting workers in contravention to California Labor Laws, by launching a lawsuit against Brinas Corp. on November 1st. [MORE: CALI GA BRINAS LAWSUIT]

california labor laws upheldJUN-27-07: As more and more violations of California labor law are discovered, employees are increasingly calling on the courts to uphold the state's laws and worker's rights. Several lawsuits were recently settled that reinforced the duties of employers to their employees. [MORE: COURT INVOLVMENT]

california labor laws law firm loses caseJUN-05-07: One of the largest law firms in the world has been brought to its knees by a woman who used to work for them as a paralegal. The international law firm of O'Melveny & Myers LLP, based in Los Angeles, has 13 offices worldwide and more than 1,000 lawyers in its employ. [MORE: LAW FIRM LOSES]

MAR-05-07: A federal judge in Santa Ana has given the green light for a lawsuit against the sheriff's department to be certified class action status. The lawsuit claims that the sheriff's department did not pay deputies who ranked below sergeant for time spent on mandatory activities that did not occur during regular work hours. Such activities included attending briefings and court hearings. The deputies also argue that they were required to work overtime without being compensated. [MORE: LABOR LAWSUITS]

AUG-12-07: "Employer's biggest fears are class action and individual lawsuits. We will take the employer to court and collect not only back wages and overtime owed, but a variety of penalties and in many cases, attorney fees," he adds. As well, California law in particular is favorable to the employee and tough on the employer. Here are a few tricks employers use to get around paying employees overtime and in the case of H-1B, even terminating their employment. [MORE: PAYING NOW]

California State Labor Law Violations in the News:
APR-14-08: A former employee of HSBC Bank is suing the bank for violating federal and California labor laws by failing to pay for overtime and not compensating for missing lunch breaks. [BUSINESS TODAY: CALIFORNIA LABOR LAW]

MAR-31-08: Circuit City Stores Inc. has lost an appeal to the U.S. Supreme Court to overturn a California state court ruling regarding an employee overtime lawsuit. [CNN: CALIFORNIA EMPLOYMENT]

MAR-19-08: A 62-year old California man has filed a wrongful termination lawsuit against IHOP for alleged age and disability discrimination after 35 years of employment with the restaurant. [INSIDER: CALIFORNIA EMPLOYMENT]

JAN-25-08: The California Supreme Court has ruled that employers can now fire employees who test positive for marijuana, even if a note from a doctor is provided. [BUSINESS WEEKLY: CALIFORNIA LABOR]

JAN-02-08: A judge has ruled that the Santa Barbara News-Press and its owner violated labor laws by firing eight reporters for union activities. [HERALD TRIBUNE: LABOR LAW]

DEC-20-07: California's attorney general has filed a lawsuit against two janitorial companies for violations of California labor laws. The companies allegedly failed to pay minimum wage and overtime, denied rest and meal breaks and did not provide itemized wage statements. [PATRIOTS: CALIFORNIA LABOR LAW]

DEC-17-07: A California judge has ruled that police should be paid for donning and doffing, time spent putting on and taking off their uniforms. Around 15 cases have been filed in California this year by police officers who argue that they should be paid for time spent on dressing for work. [POLICE ONE: CALIFORNIA LABOR LAW]

NOV-1-07: California Atty. Gen. Jerry Brown has sued Brinas Corp. as part of a state-wide campaign to catch companies violating California labor laws. "The attorney general's office is going after people who exploit workers in violation of California law." [LA TIMES: CALIFORNIA LABOR]

OCT-23-07: Morgan Stanley has agreed to pay out $16 million to settle a racial discrimination lawsuit filed in northern California. The suit alleged Morgan Stanley discriminated against African-American and Latino brokers and broker trainees. As part of the proposed settlement, the firm agreed to institute programs to improve employee diversity. [FORBES: CALIFORNIA LABOR]

SEP-18-07: Over $1 million in citations were issued to Southern California carwashes during a two day sweep by the Labour Commissioner's Office. Investigators found multiple violations of California Labor Law such as lack of overtime pay and meal or rest breaks. [WORKERS COMPENSATION: CALIFORNIA LABOR LAW]

AUG-30-07: Employees in California who allege they are not being paid for overtime can file a class-action lawsuit even if their employer's arbitration policy forbids class-action lawsuits, according to the state Supreme Court. The trial involved a sales manager who alleged he was wrongly classified as exempt from overtime pay. [SF GATE: CALIFORNIA LABOR LAW]

JUN-21-07: Unionized workers in California who are required to travel from gathering places to their daily work sites must be paid for travel time unless exempted by their union contracts. A federal appeals court said that California labor law entitles those workers who must meet in one place and then travel to work sites to pay for travel time. [SF GATE: CALIFORNIA LABOR LAW]

JUN-14-07: A hotel has been ordered to pay at least $125,000 in back pay to housekeepers for failure to comply with a living wage law. All back wages must be paid by July 31. [INSIDE BAY AREA: CALIFORNIA LABOR LAW]

JUN-11-07: The courts have ordered several big companies to award back pay to employees who were misclassified as exempt from overtime pay in violation of California Labor Law. Among them, Starbucks and UPS were ordered to pay $18 million, Contrywide was ordered to pay $30 million, and Siebel Systems was ordered to pay $27.5 million. [REGISTER: CALIFORNIA LABOR LAW]

MAY-27-07: Many university graduates are willing to work in unpaid internships not realizing that according to California labor laws internships with for-profit employers must be paid positions unless they meet strict requirements. [SF GATE: CALIFORNIA LABOR LAW]

MAY-12-07: Lawyers for vandal watchers argue that under California Labor Laws employees cannot sign away their right to receive minimum wage pay. [ARGUS: CALIFORNIA LABOR LAW]

MAR-23-07: EEEC raids car wash companies looking for California labor law violations, and levies $323,400 worth of citations. [BUSINESS WIRE: CALIFORNIA LABOR LAW]



Read More About California State Labor Laws

California Labor Law Protects Employee Tips

tips tipping california labor lawWhen people think of California labor law, they probably typically think about laws that protect an employee's wages, limit the number of hours worked, and prevent harassment and discrimination. However, there are laws that protect other areas of employment. These laws are often overlooked and in many cases unknown by employees. [MORE: EMPLOYEE TIPS]

California Labor Law: Not All Computer Programmers Exempt from Overtime

california labor laws computer programmersYet another high profile company accused of violating California labor law has reached a settlement with its employees. Sony Computer Entertainment America (also known as Sony or SCEA) agreed to pay plaintiffs in the class action lawsuit $8.5 million. [MORE: PROGRAMMER OVERTIME]


California Labor Law: Wrongful Termination

california labor law wrongful terminationFor Guadalupe Cofer, 10 years of hard work and dedication to her job meant nothing: she was fired because she went home from work early one day—with permission. Wrongful termination is a violation of California's labor law. [MORE: WRONGFUL TERMINATION]

California Labor Lawsuit: Help for Latino workers

california labor laws latino workersCalifornia labor law plaintiffs have just received a great boost from activists.The Mexican American Legal Defense and Education Fund (MALDEF) and civil rights lawyer Bill Lann Lee announced May 16 that they are both joining a California labor law class action filed by more than one thousand construction workers, most of whom are Latinos, for unpaid wages. [MORE: LATINO WORKERS]



California Labor Law Legal Help

If you are employed in the State of California and feel that your employer or a co-worker has violated a state or federal employment law, you may qualify for damages or remedies that may be awarded in a possible class action or lawsuit. Please click the link below to submit your complaint to a lawyer for a free case evaluation.

Please click here for a free evaluation of your case
The Anglin Law Group - Kim L. Anglin, Esq.
represents clients whose employers have failed to pay them overtime


Posted on Apr-11-06
Updated on Apr-22-08

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