California Employment Law

Employment Law in
Los Angeles

Every employee deserves a safe, fair, and respectful workplace. Unfortunately, violations of employment law are far too common, leaving many workers feeling powerless. Whether you’re facing discrimination, harassment, retaliation, wrongful termination, wage disputes, or FMLA violations, the legal system provides protections to fight back. Marina Fraigun, a Los Angeles employment lawyer, is here to ensure your rights are protected and your voice is heard.

Facts About Employment Law

• Workplace discrimination impacts 61% of employees during their careers, according to a recent study.
• Wage theft costs California workers millions annually, particularly in industries like retail, hospitality, and construction.
• Retaliation accounts for over 50% of all workplace claims filed with the Equal Employment Opportunity Commission (EEOC).
• California leads the nation with progressive worker protections, offering additional safeguards for remote workers and independent contractors.

What Is Employment Law?

Employment law encompasses the legal rights and responsibilities of both employees and employers, regulating workplace practices to ensure fairness and equity. In California, employees benefit from some of the most comprehensive labor laws in the country, covering areas such as:

• Workplace Discrimination: Protecting employees from unfair treatment based on race, gender, age, religion, disability, and more.
• Employer Retaliation: Prohibiting retaliation against workers who report illegal practices or assert their rights.

Workplace Harassment: Addressing sexual harassment and hostile work environments.
• Wrongful Termination: Preventing terminations based on discrimination, retaliation, or other unlawful reasons.
• Wage Disputes: Ensuring employees are paid fairly under the Fair Labor Standards Act (FLSA).
• FMLA Violations: Protecting employees who take legally allowed medical or family leave.

Types of Employment Law Violations

Workplace Discrimination

California’s Fair Employment and Housing Act (FEHA) prohibits discrimination based on race, gender, age, religion, disability, sexual orientation, and other protected characteristics. Discrimination can include hiring biases, pay disparities, or denial of promotions.

Employer Retaliation

Retaliation occurs when employers punish employees for reporting unlawful conduct, filing complaints, or exercising their rights.

Workplace Harassment & Hostile Work Environments

Harassment includes unwelcome conduct that creates an intimidating, offensive, or abusive work environment. This can involve sexual harassment or discriminatory behavior based on protected traits. California law mandates that employers take immediate action to address harassment claims.

Wrongful Termination

Under California law, terminations are unlawful if they are based on discrimination, retaliation, or violations of public policy. Even in an “at-will” state like California, employees are protected from being fired for asserting their rights.

Wage & Hour Violations

The Fair Labor Standards Act (FLSA) and California labor laws require employers to pay minimum wage, overtime, and provide proper meal and rest breaks. Misclassification of workers as independent contractors often results in wage theft.

FMLA Violations

The Family and Medical Leave Act (FMLA) guarantees up to 12 weeks of unpaid, job-protected leave for qualifying reasons. California expands these rights under the California Family Rights Act (CFRA), ensuring broader leave protections.

California Laws & Guides That Protect Employees

California offers some of the most comprehensive employment protections in the United States, bolstered by federal laws that apply nationwide. These laws are designed to safeguard workers from discrimination, harassment, retaliation, unsafe working conditions, and wage theft. Below is an expanded guide to the federal and state laws, acts, and protections that empower employees and ensure accountability in the workplace.

Americans with Disabilities Act (ADA)

The ADA prohibits discrimination against qualified employees or applicants with disabilities and requires employers to provide reasonable accommodations. In California, the Fair Employment and Housing Act (FEHA) expands these protections by applying them to smaller employers with five or more employees.

Age Discrimination in Employment Act (ADEA)

The ADEA protects employees aged 40 and older from discrimination in hiring, promotions, compensation, and termination. California supplements this with FEHA, making it easier for older employees to seek justice if they face unfair treatment.

Title VII for Workplace Discrimination

Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination based on race, color, religion, sex, or national origin. California’s FEHA mirrors these protections while offering additional safeguards, including protections for sexual orientation, gender identity, and marital status.

Fair Labor Standards Act (FLSA)

The FLSA sets federal standards for minimum wage, overtime pay, and child labor protections. California’s wage and hour laws go further, establishing higher minimum wages and stricter overtime rules to ensure employees receive fair compensation.

Cal/Occupational Safety & Health Act (OSHA)

The California Occupational Safety and Health Administration (Cal/OSHA) is the state agency responsible for ensuring a safe and healthy working environment for all Californian workers. Cal/OSHA sets and enforces safety standards, provides outreach, education, and assistance, and issues permits, licenses, certifications, registrations, and approvals where required. Under the jurisdiction of the Department of Industrial Relations, Cal/OSHA’s regulatory framework covers a wide array of workers and industries, providing specific rules and guidelines for construction, agriculture, manufacturing, and other sectors. Employers are required to identify safety hazards at their sites and to correct them, maintaining a written record of safety policies tailored to their specific workplace environment. This includes implementing a comprehensive injury and illness prevention program. Cal/OSHA also offers consultation services to help employers comply with state health and safety codes and conducts workplace inspections and accident investigations to enforce compliance. Non-compliance can result in citations, fines, or even more severe penalties, emphasizing the importance of adhering to established safety standards.

Wage & Hour Laws

California has some of the most stringent wage and hour protections in the country, including:

• Minimum Wage: California’s minimum wage is higher than the federal standard and varies by city.
• Overtime Pay: Employees are entitled to time-and-a-half pay for hours worked over eight in a day or 40 in a week.
• Meal and Rest Break Laws: Employers must provide a 30-minute meal break for every five hours worked and a 10-minute rest break for every four hours worked.

Violations of these laws are actionable under California labor codes.

Whistleblower & Retaliation Laws

California law protects employees who report illegal or unethical workplace activities. Retaliation for whistleblowing is illegal under the California Labor Code, FEHA, and federal laws like Title VII. Employees can seek damages if they face adverse actions like termination or demotion after reporting violations.

California’s Worker Adjustment & Retraining Notification Act (Cal-WARN)

The California Worker Adjustment and Retraining Notification (WARN) Act is a crucial piece of legislation designed to protect employees and communities in the event of significant business changes. Under this act, employers with 75 or more employees are required to provide a 60-day notice to employees and local government officials before conducting large-scale layoffs, relocating their operations, or shutting down a facility. This notice must be given if there are 50 or more employees affected within a 30-day period, regardless of their part-time or full-time status. The purpose of the California WARN Act is to give workers and their families time to prepare for the transition and to seek other employment or retraining opportunities. Non-compliance with the California WARN Act can result in penalties including up to 60 days of back pay and benefits to the affected employees, highlighting the importance of adherence for businesses operating within the state.

Family & Medical Leave Act (FMLA)

The FMLA guarantees up to 12 weeks of unpaid, job-protected leave for qualifying medical or family reasons. The California Family Rights Act (CFRA) expands these protections, covering more family relationships and medical needs. Additionally, California Pregnancy Disability Leave provides up to four months of job-protected leave for pregnancy-related conditions.

California Meal & Rest Break Laws

California law mandates meal and rest breaks for employees, ensuring they are compensated if denied. Failure to comply can result in significant penalties for employers.

California Pregnancy Discrimination & Disability Leave

The California Pregnancy Discrimination Act prohibits employers from discriminating against employees due to pregnancy, childbirth, or related medical conditions. The Pregnancy Disability Leave law provides up to four months of job-protected leave for pregnancy-related disabilities.

California Sexual Harassment Law

California has strict sexual harassment laws under FEHA, covering both quid pro quo harassment and hostile work environments. Employers must provide regular training and take immediate action to address complaints.

Independent Contractor vs. Employee

California’s AB5 law and the ABC Test determine whether a worker is classified as an employee or independent contractor. Misclassification can deprive workers of benefits like overtime pay and health insurance, and employers found in violation may face penalties.

Severance Packages & Termination

California employees negotiating severance packages are entitled to important legal protections that ensure fairness and compliance with state labor laws. Severance agreements are not required under California law unless specified in an employment contract, but when offered, they must comply with legal standards to be enforceable. A properly structured severance package can provide much-needed financial security while protecting the employee’s rights.

Protections & Laws Governing Severance Packages

1. California Labor Code Section 206: This law requires employers to pay all wages earned through the final day of work, regardless of whether a severance agreement is signed. Employees cannot waive their right to unpaid wages or accrued vacation as part of a severance deal.

2. California Civil Code Section 1542: Severance agreements often include a release of claims, where the employee agrees not to sue the employer. However, under Section 1542, employees cannot be forced to waive unknown claims unless explicitly addressed in the agreement. This ensures employees retain the right to pursue claims for unlawful actions they may not yet be aware of.

3. Age Discrimination in Employment Act (ADEA): If the severance package involves employees aged 40 or older, employers must comply with the Older Workers Benefit Protection Act (OWBPA). This includes providing employees with at least 21 days to review the agreement (or 45 days in group terminations) and a seven-day revocation period.

4. Title VII and FEHA: Severance agreements cannot be used to silence employees from reporting discrimination or harassment. California’s Silenced No More Act (SB 331) prohibits the use of non-disclosure agreements (NDAs) to cover up workplace violations, ensuring employees retain their right to speak out.

5. Worker Adjustment and Retraining Notification (WARN) Act: For mass layoffs, the California WARN Act requires employers to provide 60 days’ advance notice. Severance packages offered during layoffs must adhere to this law, and failure to comply can result in penalties.

Key Considerations for a Fair Severance Agreement

• Transparency: The terms of severance, including payment amounts, timelines, and benefits continuation, must be clear and in writing.

• Waivers and Releases: While employees may waive some claims in exchange for severance pay, waivers must be specific, voluntary, and comply with legal standards, particularly for older employees under ADEA.

• Continued Benefits: Employees should verify whether health insurance or retirement benefits are extended during the severance period.

• Legal Review: California employees are encouraged to have severance agreements reviewed by an attorney to ensure their rights are fully protected.

Severance agreements are often presented during stressful and unexpected terminations, leaving employees unsure of their rights or how to negotiate fair terms. Employers may include clauses that limit an employee’s ability to pursue future claims or understate their obligations. California’s strong legal framework ensures that employees are not coerced into unfair agreements and retain the ability to hold employers accountable for violations.

California Sales Commissions & Expense Reimbursement

California has some of the strongest worker protections in the nation when it comes to sales commissions and expense reimbursement. These laws ensure that employees, particularly those in sales or working remotely, are fairly compensated for their efforts and reimbursed for out-of-pocket expenses incurred while performing their job duties.

Sales Commissions

Under California Labor Code Section 2751, employers must provide employees with a written agreement outlining how commissions are calculated and paid. This agreement must clearly define:

• The Basis for Commissions: Including sales targets, quotas, or other performance metrics.
• The Calculation Method: Detailed formulas or processes used to determine commission amounts.
• Payment Timing: When and how commissions are paid (e.g., monthly, quarterly).

Any ambiguities in the agreement are interpreted in favor of the employee. Employers who fail to adhere to these requirements can face significant penalties, including payment of unpaid commissions and damages.

Expense Reimbursement

California Labor Code Section 2802 requires employers to reimburse employees for all necessary expenses incurred while performing their job duties. This includes:

• Remote Work Costs: Internet, phone bills, and electricity usage.
• Travel Expenses: Mileage, fuel, tolls, parking fees, and public transportation costs.
• Work Supplies: Office equipment, stationery, and software or tools required to perform the job.

Employers must fully reimburse these expenses to ensure that employees are not financially burdened for costs incurred on behalf of the company. Failure to do so can result in legal action, with employees entitled to recover the unpaid amounts, along with interest and penalties. Sales professionals and remote workers often operate under unique circumstances that can lead to misunderstandings or outright violations of their rights. Employers who fail to provide clear commission agreements or properly reimburse expenses not only undermine trust but also violate California labor laws.

Comprehensive Protection for California Employees

California’s employment laws, combined with federal protections, create a robust framework to safeguard employee rights. FLG  leverages these laws to advocate for workers who have experienced discrimination, harassment, retaliation, or other violations. By understanding these protections, employees can take action and hold their employers accountable.

How Do I Know If My Employee Rights Have Been Violated?

You may be a victim of an employment law violation if:

1. You’ve been denied a promotion or fair pay based on your race, gender, or other protected traits.
2. You were fired or demoted after reporting illegal or unethical practices.
3. You’ve experienced harassment that creates a hostile work environment.
4. Your employer misclassified you as an independent contractor to avoid paying benefits.
5. You were denied legally protected family or medical leave.

What Should I Do If I Am a Victim of Employment Law Violations?

1. Document the Violations: Keep records of incidents, emails, performance reviews, and any communications with your employer.
2. File a Complaint: Report the violation to HR or a relevant authority, such as the EEOC or DFEH.
3. Consult an Employment Attorney: Marina Fraigun can evaluate your case, guide you through your options, and take immediate action to protect your rights.
4. Act Quickly: Many employment law claims have strict filing deadlines.

Marina will provide the guidance and support you need every step of the way.

Why Choose the Fraigun Law Group for Your Employment Law Case?

When your workplace rights are violated, you need more than legal representation—you need a fearless advocate who will fight for justice. Marina has built her career holding employers accountable, taking on challenging cases, and delivering results for her clients. Her deep understanding of California’s employment laws, combined with her relentless determination, makes her the lawyer you want in your corner. Marina doesn’t back down, and she doesn’t settle for less than you deserve.

Common Questions About Employment Law

Navigating employment law can be overwhelming, especially when dealing with violations that disrupt your career and peace of mind. Understanding your rights is the first step toward taking action. In California, employees benefit from some of the strongest worker protections in the country, but knowing how these laws apply to your situation is crucial. Below are answers to common employment law questions, backed by California state laws that protect you.

Why It’s Important to Take Action

Employment law violations not only disrupt your career—they erode your confidence and financial stability. Whether you’re dealing with harassment, misclassification, denied reimbursements, or retaliation, it’s vital to know your rights and seek professional legal guidance. Attorney Fraigun is here to answer your questions, evaluate your case, and fight for the justice you deserve. Don’t let workplace violations go unanswered—reach out today for trusted, knowledgeable support.

How the Fraigun Law Group Can Help

When your workplace rights are under attack, the Fraigun Law Group steps in to fight for justice. Marina is a tenacious advocate who listens to your story, investigates your case, and holds employers accountable. With Marina on your side, you gain a fearless partner committed to restoring your dignity, protecting your career, and securing the justice you deserve. Contact Fraigun Law Group today to take the first step toward reclaiming your rights and your future.