California Labor Law lawsuits allege violations of California state labor laws such as overtime pay, discrimination and harassment. California labor employment law protects the rights of California employees, and includes issues such as overtime pay, meal and rest breaks, tip pooling laws, vacation laws and more.
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California Overtime Labor Laws
California has unique state overtime pay laws that protect employees from working extensive hours. With differences between state labor law and federal regulations on overtime pay, employers (especially multi-state corporations) often may, either accidentally or intentionally, incorrectly classify employees to avoid paying overtime wages and therefore violate California labor laws.
 California and Federal Employment labor laws secure an employee's civil rights to overtime pay and benefits while protecting against workplace harassment and discrimination.
California labor law differs from federal labor law. California law states that hours worked beyond eight hours per day qualify for overtime pay of one-and-one-half times the regular hourly wage. Employees who work more than 12 hours in one day qualify for overtime pay of two times the regular pay. However, some employees may be classified as exempt and not qualify for overtime pay.
Meal and Rest Breaks: Employees can sue for violations of California meal and rest break provisions going back a period of three years. In addition, it is likely that employees would be able to go back a total of four years under unfair competition laws. Previously, the DLSE ("California Labor Board") had restricted the claims to only a one-year period. (During a five-hour workday, an employee is required to receive a 30-minute break. During a ten-hour workday, an employee is required to receive two 30-minute breaks.)
California Computer Programmers
California also has separate overtime pay laws for those in the computer software industry and for commissioned employees such as stockbrokers. As of January 1, 2008, the California Legislature passed a law that effectively eliminated overtime for a large portion of California's computer programmers. The law "resets" the minimum hourly rate of pay to $36.00 per hour. In 2001, a base rate of pay of $41.00 per hour was set, provided that it increase by a cost-of-living increase each year. Following these increases, the minimum pay was $49.77 for 2007. However, the new law sets the base rate to $36.00 and the cost-of-living increase is based on this number for 2009.
The Fair Labor Standards Act (FLSA)
 The Fair Labor Standards Act is a federal law regarding employee wages and hours worked, including overtime hours and wages. Under the FLSA, some workers can be exempted from overtime pay. However, those workers must fit the criteria the FLSA sets out for exemption. California laws also apply to employment subject to the FLSA. In cases where both the FLSA and California state law apply, the law setting the higher standards must be observed.
More information on how the Fair Labor Standards Act applies to overtime can be found here.
Family Medical Leave Act (FMLA)
The Family Medical Leave Act (FMLA) is a federal act that requires covered employers to provide up to 12 weeks of unpaid leave to eligible employees for the following reasons: birth and care of the employee's newborn child; care for a child after adoption or foster care placement; care for the employee's spouse, child or parent with a serious health condition; or for a serious health condition that affects the employee's ability to work.
Employees are eligible for FMLA coverage if they have worked for a covered employer for at least one year, for 1,250 hours over the previous 12 months (not necessarily consecutive months) and if a minimum of 50 employees are employed by the same employer within 75 miles.
Covered employers are those who employ more than 50 employees within 75 miles of the worksite and have at least 50 employees who work 20 or more work-weeks in the current calendar year or the previous calendar year. Public agencies are covered by the FMLA regardless of the number of employees.
Occupational Safety and Health Act (OSHA)
The Occupational Safety and Health Act is a federal law enacted to ensure that employees work in an environment that is free from recognized hazards. It is part of the United States Code, Title 29, Chapter 15.
Federal laws also protect employees from sexual harassment and discrimination, including race, age, disability and pregnancy discrimination.
California employees who feel their rights have been violated may have the opportunity to bring their complaint before the courts.
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.
Last updated on Aug-31-10 |
CALIFORNIA LABOR LAW ARTICLES AND INTERVIEWS
CA Labor Law: Fired While on Disability
 Buena Park, CA: Robert believes he was terminated because his employer and insurance company wanted to avoid paying his disability claim. According to Robert, even though his doctor stated he was unable to work, Pitney Bowes claimed that his doctor "didn't send enough information" to justify a wrongful denial and termination, and that is a violation of California labor law. [READ MORE]
California Labor Law Disallows Discrimination against Filipino Nurses
 San Francisco, CA: Neither California labor law nor the California Nurses Association (CNA) allow for discrimination: The CNA filed a lawsuit on August 18 against California Pacific Medical Center (CPMC), part of the Sutter Health Network and one of San Francisco's largest hospitals, claiming that the hospital discriminates against the hiring of Filipino registered nurses. The CNA has charged Sutter and CPMC with employment discrimination at on the basis of race, ethnicity, and national origin at the St. Luke’s Campus of Sutter Health’s California Pacific Medical Center. [READ MORE]
Unionized California Home Workers Replaced with Non-Union Staff
 Oakland, CA: Does California labor law come into play when unionized workers without a contract suddenly find themselves replaced with non-union staff after staging a brief strike? That's the question at least 38 former employees of the Piedmont Gardens and Grand Lake Gardens senior care homes in Oakland are asking after they were handed their walking papers earlier this month. [READ MORE]
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