California Labor Law lawsuits allege violations of California state labor laws such as overtime pay, discrimination and harassment. The California labor employment law protects the rights of California employees, including 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 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. A leading California law firm is investigating labor law violations and providing free complaint evaluations for workers.
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.
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 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.)
California also has separate overtime pay laws for those in the computer software industry and for commissioned employees such as stock brokers. As of January1, 2008 the California Legislature passed a new law that will effectively eliminate 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 increases will start being based on this number for 2009.
Harassment in the Workplace Labor Laws
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.
Discrimination Laws
State and Federal laws also protect employees against harassment or discrimination in the workplace and The Lilly Ledbetter Fair Pay Act now makes it easier for workers who allege wage discrimination to sue their employers. The new rule increases the length of time during which employees can file claims for pay disparities.
 Workplace Discrimination can include racial or national origin discrimination by religion, age, gender or sexual orientation, pregnancy, or reverse discrimination.
According to the Equal Employment Opportunity Commission (EEOC), the fastest growing areas of reported discrimination cases include pregnancy discrimination and religious discrimination.
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 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.
Posted on Apr-11-06
Updated on Oct-31-09 |
CALIFORNIA LABOR LAW ARTICLES AND INTERVIEWS
Workplace Accident highlights the need for whistleblower protection in California Labor Laws
 Los Angeles, CA: A California man was crushed to death by a trash compactor while at work last month in what was potentially a breach of security protocols. As the case is still under investigation, and no witness has been forthcoming with an explanation as to why the man was inside the trash compactor in the first place, the incident has highlighted the need for stringent California labor laws. [ Read More ]
A Victory for California Labor Law, and Others
 Los Angeles, CA: The failure of a contactor to pay fair wages and overtime has resulted in a nearly quarter-million dollar settlement to laborers in California and two other states, upholding California labor law regulations and the California labor code. With a nod to California state labor laws and those of other states, Building Materials Holding Corp. will pay $242,301 to 85 residential construction workers in California, Nevada and Arizona. [ Read More ]
Getting Around California Labor Law Overtime
 Sacramento, CA: Although new overtime regulations went into effect for the state of California in 2000, some employers continue to violate the California Labor Law by not paying their employees overtime after working 8 hours in a work day. "My company furloughed all its employees rather than lay some of us off," says Robert, an electrician. "On our furlough week we only work three days a week and 10 hour days; I believe my employer is violating the California labor code." [ Read More ]
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