California Employment Law FAQ

Employment law can be very confusing, and you may not always know what's legal. At Lim Law Group, P.C., our lawyer is here to ensure that every employee in Los Angeles has their rights protected and their voices heard.

Where do I go to file a discrimination claim?

First, if you believe you have been discriminated and/or retaliated at work, you should contact a lawyer immediately. However, if you do not have access to a lawyer, You can file a discrimination complaint with a local office of the Division of Labor Standards Enforcement. It is important to ensure that all possible claims of discrimination and retaliation are alleged, as failure to assert these claims during the administrative process may foreclosure your ability to bring those claims in court. If you believe you have been discriminated and/or retaliated, please call our office immediately for a free consultation.

My employer is open on every holiday and I have to work, is that legal?

Yes. There is no law that mandates businesses closing for the holidays.

Do I have to give my employer a two-week notice? If I do can they fire me for it?

Although customary, California law does not require California employees to give a two weeks' notice, unless a notice period is specified in their employment contract. California is an at-will state and employees can be fired whenever as long as the reasons are legal.

Is my employer required to give me rest breaks?

Yes. Your employer is required to give you a paid10-minute rest break for every 4 hours worked or a fraction thereof. This break should be in the middle of the 4 hours.  For an 8 hour shift, you should get two rest breaks. If you are not getting your rest breaks, you are entitled to premium pay equaled to one hour pay for missing your breaks.

Is my employer required to give me lunch breaks?

Yes. Your employer is required to give you an unpaid 30-minute lunch break for every 5 hours you work. Some employers make employees sign a waiver of their lunch period if they do not work more than a 6 hour shift. If your shift is no longer than 6 hours, you can waive your lunch, but you are entitled to reject the waiver at any time. If you miss your lunch breaks, you are entitled to premium pay equaled to one hour pay for missing your lunch.

Can an employer fire me for my social media posts?

California is an at-will state, which means your employer can fire you for a legal reason at any time. If you post something that is degrading to the company online, it could be grounds for firing. However, if you post something that relates to your religion, race or gender and you are fired, that could be wrongful termination.

How long do I have to file a wrongful termination suit in California?

For discrimination claims you have one year, and for breach of contract and violation of public policy you have two to four years.

Your job title is a "Manager" but does that mean you are automatically not entitled to overtime?

Often times, employers will give you the title of "Manager" and will tell you that you are not entitled to overtime. This is not entirely accurate. In California, titles are secondary and just because you are a "Manager" doesn't automatically make you exempt from overtime. The law looks at the duties of the manager and the amount of pay. If the manager exercises discretion and is able to make independent judgment on business matters, the duties test may be satisfied. However, in addition to the duties test, the manager needs to be paid twice the minimum wage in order to be exempt from overtime. If you are a manager who is paid below twice the minimum wage, you are entitled to overtime.

Your immigration status has no relevance in pursuing your claims.

In California, all employees regardless of their immigration status must be paid for all work performed. In fact, California Labor Code section 1171.5 states that all protections, rights, and remedies are available in California to all individuals regardless of immigration status.

Salaried employees may be entitled to overtime.

Just because an employee receives a fixed monthly salary does not mean that he/she is exempt from overtime. A monthly salary typically pays for an 8 hour day and 40 hour week. To the extent the employee is working more than 8 hours per day and/or more than 40 hours per week, that employee may be entitled to overtime as long as he/she do not meet the exemption requirements set forth in the Wage Orders. One component of the exemption is that employees be paid at least twice the minimum wage. If you are paid less than twice the minimum wage for your hourly rate, you may be entitled to overtime. Please call our office for a free consultation.

How far back can you claim damages for overtime and unpaid wages?

An employee can claim four years of overtime and unpaid wages by filing a claim with the court.

Have Any Other Questions? We Would Be Glad To Answer Them.

These employment law FAQ only provides a few answers to some of the most pressing employment law issues in California. If you have any additional questions, or would like to discuss an employment law issue with our attorney, give us a call today at 213-640-2659 or send us an email.