Under California labor laws, non-exempt employees are entitled to overtime pay at one and a half times their regular rate of pay for hours worked over 8 in a workday or 40 in a workweek. Additionally, employees are entitled to double their regular rate of pay for hours worked over 12 in a workday and for hours worked beyond 8 on the seventh consecutive workday in a workweek.
Retaliation against employees for reporting workplace misconduct is generally prohibited by law. In Los Angeles, as well as throughout California, the California Labor Code and the California Fair Employment and Housing Act (FEHA) provide protections against retaliation for employees who report or oppose illegal activities or workplace misconduct, such as discrimination, harassment, or other violations of labor laws. If you experience retaliation for reporting workplace misconduct, you may have legal remedies available to you.
In Los Angeles, as in the rest of California, employers generally have the right to require drug testing under certain circumstances. However, the specific rules and requirements for drug testing vary depending on factors such as the type of job, safety considerations, and the employer’s policies. Generally, pre-employment drug testing is more common than random or ongoing drug testing.
You would want to contact an employment lawyer if you have an issue with any of the following:
- Wrongful termination or unfair dismissal
- Workplace discrimination or harassment
- Wage and hour disputes, such as unpaid wages, overtime violations, or misclassification
- Employment contract review or negotiation
- Retaliation for whistleblowing or reporting illegal activities
- Violations of leave rights, such as Family and Medical Leave Act (FMLA) or California Family Rights Act (CFRA) rights
- Severance package review or negotiation
Yes, there are laws in place to protect LGBTQ+ individuals in the workplace throughout California. The California Fair Employment and Housing Act (FEHA) prohibits discrimination and harassment based on sexual orientation, gender identity, and gender expression. It also requires employers to provide equal employment opportunities and reasonable accommodations to LGBTQ+ employees.
You should review your employee contract to see if there was any violation. You will want to document any details that pertain to your termination – this includes emails, performance evaluations, and witness statements. After that you should contact a Los Angeles employment lawyer to help you understand the employment laws and help you file a complaint.
While independent contractors have fewer employment rights compared to employees, they still have legal protections in certain areas. For example, independent contractors are protected against discrimination and harassment based on protected characteristics, such as race, gender, religion, and others. They are also protected from retaliation for engaging in protected activities, such as reporting violations of the law.
Workplace discrimination refers to unfair treatment or unfavorable actions taken against an individual or a group of individuals based on their protected characteristics. In California, protected characteristics include race, color, national origin, ancestry, religion, sex, gender identity, gender expression, sexual orientation, age, disability, medical condition, genetic information, marital status, and military or veteran status.
You should first contact your former employer to ensure that there wasn’t an error. You will want to do this in an email to keep a paper trail of the conversation. If they still refuse to give you your final paycheck you will want to file a wage claim and contact an employment lawyer.
Being an at-will employment state means that, in general, either the employer or the employee can terminate the employment relationship at any time, for any lawful reason, or for no reason at all, without incurring liability.