WAGE & HOUR LAWS
California's Labor Code and Wage Orders provide employees many wage, overtime, and break protections. Which of those protections apply to you will depend on the type of position (such as crew/staff, management, or professional) and particular industry. Significantly - it may depend less upon what the employer labels the position (or claims is a “contractor”), and more on the actual duties being performed under whose supervision.
Potential remedies against employer failing to comply with California’s wage and hour laws may include award of unpaid wages, and penalties for late payment, denied breaks, and deficient documentation. In addition, you may be able to bring a case on behalf of wronged coworkers too, and potentially win denied wages and penalties for them as well.
More information about wage and hour laws is available from the California State Labor Commissioner website (dir.ca.gov/dlse/). And while a wage claim may be filed directly with the State Department of Labor Standards Enforcement, the potential filer may benefit from first retaining private legal representation, such as through California Employment Justice Center, to provide strategic legal counsel from the very start of the case. Either way, a potential victim should waste no time in securing legal assistance, because access to justice could be lost if any applicable filing deadlines were missed.
CALIFORNIA FAMILY RIGHTS ACT
California's Family Medical Leave Act (CFRA) provides eligible employees with up to 12 weeks of (unpaid) job-protected leave to care for their own or a family member's serious health condition, or to bond with a new child. Similarly, California law requires covered employers to provide employees disabled by pregnancy, childbirth, or a related medical condition with job-protected leave or accommodations. Subject "family members" include a spouse, domestic partner, parent, minor child, adult child, child of a domestic partner, grandparent, grandchild, or sibling. The "serious health condition" may include illness, injury, impairment, or condition that involves either inpatient care in a hospital, hospice, or residential health care facility; or requires continuing treatment or supervision by a health care provider. The employer may require that an employee’s request for such leave be supported by written health care provider certification.
An employer of five or more must grant the adequately documented request to any employee having more than 12 months of service with the employer, and at least 1,250 hours of service with the employer during the 12-month period prior to the leave commencing.
Potential remedies for violation of statutory family and medical leave rights may include award of lost past and future wages, emotional distress damages, attorney’s fees, and punitive damages.
More information about family, medical, and pregnancy leave rights is available from the California State Department of Fair Employment and Housing (DFEH). And although an administrative complaint may be filed directly with DFEH, the potential filer may benefit from first retaining private legal representation, such as through California Employment Justice Center, to provide strategic legal counsel from the very beginning of the case. Either way, a potential victim should waste no time in securing legal assistance, because access to justice could be lost if any applicable case filing deadlines were missed.