Rancho Cucamonga Employment Lawyers

The state minimum wage is currently $16 per hour for all employers. Certain cities, however, have higher local minimum wages. Failure to pay minimum wage can result in the employer owing the unpaid minimum wages, plus an amount equal to the unpaid wages (liquidated damages), interest, and costs. Labor Code §§1194-1194.2. If you’re facing wage disputes, a knowledgeable employment law attorney in Rancho Cucamonga can provide the guidance you need.

Employees are entitled to overtime pay at 1.5 times their “regular rate of pay” for hours worked over 8 hours in a day or 40 hours in a week. Double time is required for hours worked over 12 in a day. Labor Code §510. [Regular rate of pay can include hourly earnings or salary, piecework earnings, commissions, non-discretionary bonuses, and shift differentials.] For assistance in resolving overtime issues, our skilled labor attorneys in Rancho Cucamonga can advocate on your behalf.

Employers must provide a 30-minute meal break for every 5 hours worked (and by the 5th hour) and a 10-minute rest break for every 4 hours worked. The meal break may be waived by the employee but only if it is in writing. Failure to provide either the meal or rest breaks entitles the employee to one additional hour of pay (at the regular rate of pay) for each violation per day. Labor Code §§ 226.7, 512, and 218.5; see also, Naranjo v. Spectrum Security Services, Inc. If your employer is violating these requirements, our experienced employment lawyer in Rancho Cucamonga is ready to help you secure your rights.

Whether an employee is entitled to overtime pay and meal and rest breaks depends on whether they are considered exempt or non-exempt. Employers often try to avoid paying overtime by claiming that an employee is exempt. However, under strict California employment law rules, unless the employee clearly fits within the administrative, professional, or executive category, misclassification will lead to additional wages and penalties owed to the employee. If you believe you have been misclassified, consult with a trusted employment attorney in Rancho Cucamonga for legal advice.

Under what is often referred to as the ABC test, workers are presumed to be an employee, rather than an independent contractor, unless the hiring entity can prove: (A) The worker is free from control or direction over how the work is performed; (B) The worker performs work outside the usual course of the hiring entity’s business; and (C) The worker is customarily engaged in an independently established trade or business. Misclassifying an employee as an independent contractor can lead to unpaid minimum wages, overtime, meal and rest break penalties, interests, and costs of suit. If you need assistance with contractor misclassification issues, our team of labor attorneys in Rancho Cucamonga is here to protect your rights.

Terminated employees must receive their final paycheck immediately, and those who quit must be paid within 72 hours or on the last day if they provided at least 72 hours’ notice. If your employer has delayed or withheld your final paycheck, an experienced employment lawyer in Rancho Cucamonga can help ensure you receive what you’re owed.

FEHA prohibits employment discrimination, harassment, and retaliation based on race, color, religion, sex, gender identity, sexual orientation, national origin, ancestry, age (40+), disability, pregnancy, medical condition, military status, and other protected categories. Government Code §12940(a). This statute applies to any employer in California with 5 or more employees. If you are facing discrimination or harassment at work, consult a dedicated employment attorney in Rancho Cucamonga to explore your legal options.

The FEHA also prohibits harassment on the basis of sex, gender, gender identity, gender expression, or sexual orientation. Government Code §12940(j)(1). Employers are required to take reasonable steps to prevent and promptly correct harassment in the workplace, and training on harassment prevention is mandatory for employers. Co-workers are personally liable for sexual harassment, and employers are automatically liable if the perpetrator was a supervisor of the employee. If you have been a victim of sexual harassment, our skilled employment law attorneys in Rancho Cucamonga are here to help you pursue justice.

Under FEHA and the Americans with Disabilities Act (ADA), employers cannot discriminate on the basis of a disability and must provide reasonable accommodations to disabled employees (permanent or temporary) unless it would cause an “undue hardship” on the operation of the business. Employers are required to engage in an interactive process with the employee to determine whether a reasonable accommodation would be appropriate. If you have experienced disability discrimination, seek assistance from our knowledgeable employment attorneys in Rancho Cucamonga.

Employers who fail to comply with the requirements under FEHA, employees are entitled to recover loss of income, emotional distress, interest, and costs of suit. If your employer has violated your rights under FEHA, our dedicated employment law attorneys in Rancho Cucamonga can help you seek the compensation you deserve.

California law also prohibits employers from retaliating against employees for engaging in legally protected activities such as filing complaints of discrimination or harassment, whistleblowing, or taking leave for medical and other reasons. Employees who suffer retaliation may be entitled to reinstatement, back pay, and other compensatory damages. If you have faced retaliation at work, our experienced labor attorneys in Rancho Cucamonga are prepared to fight for your rights.

Employees working for employers with five or more employees are entitled to take up to 12 weeks of unpaid leave in a 12-month period for family or medical reasons, including bonding with a new child, caring for a family member with a serious health condition, or dealing with their own serious health condition. If your employer is denying your right to medical or family leave, contact an employment lawyer in Rancho Cucamonga to protect your interests.

This statute provides up to 8 weeks of partial wage replacement benefits for employees who need time off to care for a seriously ill family member or to bond with a new child. If you’ve been denied PFL benefits, our employment law attorneys in Rancho Cucamonga can assist in securing your rightful benefits.

Pregnant employees are entitled to up to 4 months of leave for pregnancy-related conditions, and this leave is in addition to CFRA leave. If your employer refuses to honor your pregnancy leave, contact an experienced employment attorney in Rancho Cucamonga to protect your rights.

Employers must follow the California Investigative Consumer Reporting Agencies Act (ICRAA) when conducting background checks, including providing notice to employees and obtaining written consent. Employers cannot ask about arrests that did not lead to convictions or certain criminal records after a specified period. If your privacy rights have been violated, consult our experienced labor attorneys in Rancho Cucamonga.

While employers can monitor employee email and internet usage, employees have privacy rights under the California Constitution. Employers must inform employees of any monitoring and ensure it’s not overly intrusive. If your employer has violated your privacy rights, a knowledgeable employment lawyer in Rancho Cucamonga can help you take action.

Employees earn at least one hour of paid sick leave for every 30 hours worked, up to 3 days per year, and can use it for their own health condition or that of a family member. Employers, however, can provide more days. Employees who do not use their sick leave may not carry over their unused time and are not entitled to be paid for any unused time if they are terminated or leave, unless the employer’s policy permits it. If your employer is denying you paid sick leave, consult with our experienced employment attorneys in Rancho Cucamonga for assistance.

California is an “at-will” employment state, meaning employers can terminate employees for any lawful reason or no reason at all, but cannot otherwise violate any laws related to discrimination, harassment, or retaliation. If you believe you were wrongfully terminated, contact our dedicated employment lawyer in Rancho Cucamonga to explore your options.