What Are the Common Types of Employment Law Disputes in California?

Employment law applies to a wide range of issues, from discrimination and harassment to unsafe working conditions. If your employer is violating the law, you have legal recourse.

California law gives workers a right of action for any violation of state labor laws. Workers could also have a claim under relevant federal laws.

Here are some of the most common types of workplace lawsuits brought against California employers:

• Discrimination: Employers are prohibited from discriminating against employees on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, or genetic information. Employees who experience discrimination in the workplace may have legal recourse. Unlawful discrimination occurs when employees are treated poorly or otherwise denied the benefits of employment because of their membership in a protected class. A protected class refers to a group of people protected from discrimination under the law. Common kinds of protected classes include race, sex, gender, disability, sexual orientation, religion, national origin, age, and pregnancy. Discrimination can take many forms, such as termination, rejecting job applicants, denying bonuses or other benefits, lower wages, transfers to less desirable positions or locations, improper workplace conduct targeting an employee's protected characteristic, like racist jokes or sexist comments, and refusal to employ a reasonable accommodation for a disabled employee. If you believe you have been discriminated against, you should speak to an employment law attorney. A lawyer can help you better understand all of your rights and options and can represent you in court. Some additional tips for dealing with discrimination in the workplace include keep good records and keep track of all communications with your employer, including emails, letters, and phone calls, document any incidents of discrimination, including keeping track of the date, time, and details of the incident, tell your supervisor or human resources department about the issue. If you are uncomfortable speaking to your supervisor, you could be able to file a complaint with the Equal Employment Opportunity Commission (EEOC) or California's fair employment agency. Hire an attorney. If you have been discriminated against, you should speak to an attorney. They can possibly represent you in court. It is important to remember that you are not alone. There are many people who have been discriminated against in the workplace, and there are laws in place to protect you. If you believe you have been discriminated against, please speak to an attorney and file a complaint.
• Harassment: Employers are prohibited from harassing employees on the basis of any of the protected categories listed above. Harassment can be verbal, physical, or visual. Victims of harassment in the workplace may have a legal claim against their employer. Harassment is considered unlawful when it is based on an employee's protected characteristics, like race, sex, gender, disability, sexual orientation, religion, national origin, age, or pregnancy. Harassment claims generally fall into two categories: Hostile work environment claims occur when employees are subjected to conduct that is so pervasive or severe that it creates a hostile work environment. This conduct can be verbal, physical, or visual in nature, while quid pro quo harassment occurs when employees are subjected to unwanted sexual advances or other conduct and is threatened with adverse employment actions if they refuse or report the conduct. The adverse employment action could be something like the denial of a promotion, termination, transfer to a less desirable position, or reduced pay. Employers may be liable for harassment that occurs in the workplace, even if they are not aware of the conduct. This is because employers have a duty to take the reasonable steps necessary to prevent and address harassment. If you believe you have been harassed in the workplace, you should speak to an attorney who could help you understand your rights and options and can represent you in court.

• Retaliation: Employers are not allowed to retaliate against employees who have complained about discrimination or harassment. Retaliation could take many forms, such as demotion, termination, or denial of a promotion. Retaliation happens when employers punish employees for advocating for their rights to be free from employment discrimination, reporting workplace discrimination, reporting violations of laws intended to protect health and safety, or acting as a whistleblower. An array of federal and state laws are available to protect your rights when facing retaliation. Examples of federal laws that protect employees from retaliation include the Civil Rights Act of 1964, which is a federal law prohibiting employers from retaliating against employees who have opposed employment discrimination or who have filed a discrimination complaint, the Age Discrimination in Employment Act (ADEA), which is a federal law that prohibits employers from retaliating against employees who have opposed age discrimination or who have filed an ADEA complaint, the Equal Pay Act (EPA), which is a federal law prohibiting employers from retaliating against employees who have opposed wage discrimination or who have filed an EPA complaint, the Family and Medical Leave Act (FMLA), a federal law that prohibits employers from retaliating against employees who have taken FMLA leave or who have requested FMLA leave, and the Occupational Safety and Health Act (OSHA), a federal law prohibiting employers from retaliating against employees who have reported workplace safety violations or who have sought to enforce their OSHA rights. Examples of state laws that protect employees from retaliation include the California Fair Employment and Housing Act (FEHA), which prohibits employers from retaliating against employees who have opposed employment discrimination or who have filed a discrimination complaint, and the California Whistleblower Protection Act (Whistleblower Act), which prohibits employers from retaliating against employees who have reported workplace violations of law or who have refused to participate in illegal activities. If you believe that you have been retaliated against, you should speak to an attorney.
• Unfair Labor Practices: Employers are prohibited from engaging in unfair labor practices, like interfering with employees' right to organize or bargain collectively.
• Wage and Hour Law Violations: Employers are required to pay employees for all hours worked, including overtime pay. They are also required to provide employees with breaks and meal periods. Wage and hour claims are some of the most common kinds of workplace lawsuits. Wage and hour claims often arise when employees are not paid fair and appropriate wages in light of the hours they have worked. California law guarantees non-exempt employees the following rights: A minimum wage, as employees must be paid at least the state minimum wage, which is currently $15 per hour; Overtime pay, as employees need to be paid overtime for all hours worked in excess of 40 hours per week and overtime pay is typically one and a half times the employee's regular hourly rate; Payment upon termination, as employees must be paid for all hours worked, even if they are terminated; Protection from unlawful paycheck deductions, as employers cannot deduct money from employee paychecks without the employee's consent; Reimbursement for covered expenses, as employers must reimburse employees for reasonable expenses that they incur in the course of their employment; Meal and rest breaks, as employees are entitled to meal and rest breaks during their workday. The amount of time that employees are entitled to for meal and rest breaks varies depending on the length of their workday. Employers who violate such regulations could be held accountable to employees who have not been fairly compensated. Employees who believe that they have been underpaid can file a wage and hour claim with the California Department of Industrial Relations (DIR). Employees could also be able to file a lawsuit against their employer.