PRACTICE AREAS
Labor & Employment Law
Labor & Employment Law Overview
California labor and employment laws protect all California employees, both documented and undocumented. However, most California workers simply do not know their rights in the workplace and are constantly being underpaid, mistreated, and deprived of their rights. Some of the protections afforded to California workers include the right to be free from workplace discrimination, harassment, retaliation, and wrongful termination. At Sho-Kal Law, we stand up for each California worker whose rights have been violated and fight for justice on their behalf. Read more about how your employer may be violating your rights:
Areas of Employment Law
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While most employees in California are “at-will” employees, meaning they could be terminated at any time with or without cause, California law protects employees from being terminated for unlawful reasons. Unlawful grounds for termination include terminating an employee based on his/her/their race, ethnicity, national origin, religion, age, sex and/or gender, sexual orientation, disability, pregnancy, and veteran or military status, or for complaining of discrimination, harassment, or otherwise any illegal conduct.
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The California Fair Employment and Housing Act (“FEHA”) prohibits all kinds of harassment including sexual harassment, hostile work environment, and harassment based on race, ethnicity, national origin, religion, age, sex and/or gender, sexual orientation, disability, or pregnancy, and veteran or military status.
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Similar to the laws on harassment, the FEHA also prohibits discriminating against employees on the basis of race, ethnicity, national origin, religion, age, sex and/or gender, sexual orientation, disability, pregnancy, and veteran or military status, or for complaining of discrimination, harassment, or otherwise any illegal conduct. Acts of discrimination include, but are not limited to, termination of employment, refuse to hire, refuse to promote, lower one’s hours or pay, or negatively change their terms, conditions, or privileges of employment.
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The FEHA also prohibits employers from taking any action against an employee for requesting time off or accommodations for a disability or pregnancy related health concerns, or complaining of discrimination, harassment, unfair labor practices (such as failure to provide meal and/or rest breaks, failure to pay the required minimum wage or overtime), or otherwise any misconduct that the employee reasonably believes to be illegal.
In addition, California law also protects employees from “immigration retaliation” by prohibiting employers from threatening undocumented employees to have them deported if they complain of illegal conduct.
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California wage and hour laws protect employees by setting minimum standards employers must abide by relating to minimum wage, overtime payment, and rest and meal breaks. When such minimum standards are not followed by employers, employers may be subject to penalties, and employees may be entitled to compensation.
