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Science, Technology & Sales – Legal Advice To Count On

Los Angeles Employment Lawyers

Experienced and Proven Legal Representation for Professionals

In today’s competitive job market, California professionals in science, research, healthcare, technology, IT, artificial intelligence and the career sales force face unique employment challenges that require specialized legal expertise and real experience. Employment legal services tailored for these professionals provide critical support in navigating workplace disputes, contracts, wrongful terminations, and compliance issues. By partnering with an experienced Los Angeles Employment Attorney, we can protect your rights, secure favorable employment terms, and resolve workplace disputes in your favor in matters involving:

  • Employment Contracts and Negotiations
  • Workplace Discrimination and Harassment
  • Wrongful Termination and Retaliation Claims
  • Compensation (Wage & Hour) Disputes
  • Intellectual Property and Non-Compete Agreements
  • Employee Benefits and Severance Agreements

For more information, click on one of the industry tabs below.

For Science & Healthcare Professionals

California’s science and healthcare industry is one of the largest and most diverse employment sectors in the country with a wide array of professions:

  • Scientists & Engineers: Research Scientists, Chemists, Biologists, Engineers, Technicians.
  • Medical Professionals: Physicians, surgeons, nurse practitioners, registered nurses (RNs), licensed practical nurses (LPNs), physician assistants.
  • Therapists & Technicians: Physical therapists, occupational therapists, speech therapists, radiologic technologists, diagnostic medical sonographers, medical laboratory technicians.
  • Administrative & Support Roles: Hospital administrators, medical coders, billing specialists, health information technicians, personal care aides, hospice workers.

While these careers offer stability, competitive wages, and the opportunity to make a difference, they also come with workplace challenges that deserve strong legal protections.

Employment Laws Protecting California Science & Healthcare Workers

Key employment laws that impact California healthcare workers include:

1. Anti-Discrimination & Harassment Protections

The California Fair Employment and Housing Act (FEHA) prohibits discrimination and harassment based on:

  • Race, color, or national origin
  • Religion or creed
  • Age (40 and over)
  • Physical or mental disability, including HIV/AIDS
  • Medical conditions or genetic information
  • Marital status
  • Sex, gender identity, and gender expression
  • Sexual orientation
  • Pregnancy or childbirth
  • Military or veteran status

Additionally, FEHA safeguards employees from wrongful termination based on any of these protected characteristics.

2. Whistleblower Protections

Under the California Whistleblower Protection Act (WPA), science and healthcare employees are shielded from retaliation when reporting unlawful activities, including:

  • Disclosing violations of state or federal laws
  • Reporting workplace safety hazards or fraudulent medical practices
  • Refusing to engage in illegal workplace activities

Employers are prohibited from retaliating against whistleblowers through termination, demotion, reduced pay, harassment, or other adverse employment actions.

3. Breach of Contract Protections

Many professionals, particularly research scientists, physicians and senior staff, work under employment contracts that outline specific job terms, including:

  • Compensation and benefits
  • Job duties and responsibilities
  • Work hours and conditions
  • Confidentiality agreements
  • Termination clauses

If an employer violates any of these contractual terms, employees may file a breach of contract claim to seek compensation and enforcement of their rights.

4. Wage and Hour Protections

Career professional employees often work demanding hours, making wage and hour laws particularly critical. Under California labor law, professional employees are also entitled to:

  • A minimum wage
  • Overtime pay for extra hours worked when non-exempt
  • Proper meal and rest breaks
  • Timely payment of periodic and final wages
  • Protection against misclassification (to avoid overtime or employer benefits obligations)

If an employer violates these wage and hour laws, employees may file a complaint with the California Division of Labor Standards and Enforcement (DLSE) or pursue legal action.

Taking Legal Action: Holding Employers Accountable

When workplace rights are violated, California law provides employees with multiple avenues for recourse. Science and healthcare workers may:

  1. File an administrative complaint with a state agency, such as the Department of Fair Employment and Housing (DFEH) or Division of Labor Standards and Enforcement (DLSE).
  2. Issue a formal demand before initiating legal action.
  3. File a lawsuit against their employer to seek compensation.

Recoverable Damages in an Employment Case

If a worker prevails in a legal claim, they may be entitled to compensation for:

  • Lost wages (including unpaid earnings)
  • Back pay
  • Liquidated damages
  • Pain and suffering
  • Emotional distress
  • Loss of dignity or enjoyment of life

For Technology & AI Professionals

California’s economy spans various industries, but few are as influential or celebrated as its technology sector. Best known for Silicon Valley but prevelant throughout California, this industry is a powerhouse, driving economic growth and employment across the state. Home to global giants like Apple, Google, Meta/Facebook, SpaceX and Tesla, California remains at the forefront of innovation, offering diverse career opportunities in an increasingly interconnected world.

Protecting Your Rights in the Tech Industry

Working in California’s technology sector can be exciting, but employers don’t always uphold the legal rights and protections employees are entitled to. If you believe your workplace rights have been violated, our experienced employment attorneys can guide you through your legal options to hold your employer accountable.

Why Is California the Hub of the Tech Industry?

According to the California Employment Development Department (EDD), the tech industry employs over 1.8 million workers, making up 10.4% of the state’s workforce. These jobs span various sectors, including:

  • Software development
  • Computer systems design
  • Semiconductor manufacturing
  • Telecommunications

Within these sectors, a wide range of specialized roles exist, such as:

  • Software Developer
  • Cybersecurity Analyst
  • AI/Machine Learning Engineer
  • Cloud Computing Engineer
  • UI/UX Designer
  • IT Manager
  • Data Scientist
  • Network Engineer

Despite the technical expertise required, employees in these roles are still protected by California’s employment laws.

How California Employment Law Applies to the Tech Industry

Tech workers in California have the same legal rights as employees in other industries. However, due to the competitive and proprietary nature of the sector, employment is often contract-based. Here’s how California law protects tech workers:

Breach of Contract

Employment contracts in the tech industry typically outline:

  • Job responsibilities
  • Compensation
  • Employment status
  • Termination terms
  • Confidentiality and non-disclosure agreements
  • Intellectual property rights
  • Non-compete clauses

If an employer violates any of these terms, it may constitute a breach of contract, which can be legally challenged. Huprich Law can assist in pursuing such claims.

Wage and Hour Laws

California enforces strict wage and hour laws, ensuring that all employees:

  • Receive at least the state-mandated minimum wage
  • Are compensated for overtime if non-exempt
  • Get required meal and rest breaks
  • Are not misclassified as exempt to avoid overtime pay
  • Receive their final paycheck in accordance with the law

Discrimination and Harassment Protections

Under the Fair Employment and Housing Act (FEHA), discrimination and harassment based on protected characteristics are prohibited. These include:

  • Race
  • Gender
  • Sexual orientation
  • Age
  • Religion
  • Medical condition

Employers must actively prevent and address such issues and cannot retaliate against employees for reporting discrimination or harassment.

Filing a Claim Against Your Employer

California law not only protects employees but also provides legal avenues to hold employers accountable. If your rights have been violated, you may be able to recover damages such as:

  • Lost wages and back pay
  • Liquidated damages
  • Pain and suffering
  • Emotional distress
  • Loss of dignity or enjoyment of life

Beyond financial recovery, pursuing legal action can expose unethical workplace practices and create lasting change. Taking this step requires courage, but you don’t have to face it alone—Huprich Law will stand by your side every step of the way.

For Sales & Commission-Based Employees

If you work in sales, you understand the pressure of constantly meeting your monthly or quarterly targets. The fast-paced nature of the industry demands continuous performance, often under the looming question, “What have you done for me lately?” But what happens when your employer refuses to pay the commissions you’ve rightfully earned?

Our attorneys frequently encounter three common ways sales professionals are denied their commissions:

  1. Changing the Terms Mid-Job – An employer alters the commission structure after you’ve already started working under different conditions.
  2. The “Hire-and-Fire” Scam – Employers lure new salespeople with commission-based jobs, only to terminate them after a few months—before any commissions are ever paid.
  3. Hidden Profits Through Complex Formulas – Some employers use intricate or misleading commission structures to obscure how much money is actually owed to employees.

If any of these situations sound familiar, you may have legal recourse to recover your unpaid earnings.

California Wage and Overtime Laws: Understanding Exemptions for Sales Employees

California law mandates that most employees receive at least the state minimum wage for all hours worked and overtime pay at one and a half times their regular rate for hours exceeding 8 in a single day or 40 in a workweek. This requirement is outlined in California Labor Code Section 1194, which ensures that employees cannot be forced to accept a lower wage through an agreement. If an employer fails to meet these obligations, employees have the right to recover unpaid wages, interest, attorney’s fees, and legal costs through civil action.

However, certain employees are exempt from minimum wage, overtime pay, and rest/meal break requirements if they meet the criteria for a specified exemption. Among these exemptions are:

  1. Outside Salesperson Exemption
  2. Commissioned Salesperson Exemption (which only exempts employees from overtime pay but not from minimum wage or rest/meal breaks)

Outside Salesperson Exemption

An outside salesperson is an employee who:

  • Is 18 years or older
  • Spends more than 50% of their working time away from their employer’s place of business
  • Primarily engages in sales activities, such as negotiating transactions with clients and potential customers

If an employee meets this strict legal definition, they are not entitled to minimum wage or overtime pay. However, the burden of proving this classification rests on the employer (Ramirez v. Yosemite Water Co. (1999) 20 Cal.4th 785).

An example of a true outside salesperson would be a door-to-door salesperson selling household appliances directly to customers. However, simply having an “outside salesperson” job title does not automatically qualify an employee for the exemption. Courts will closely examine both the job description and the employee’s actual work habits (Duran v. U.S. Bank National Assn. (2014) 59 Cal.4th 1, 26).

For instance, delivery drivers who transport bottled water to customers do not qualify as outside salespersons unless they spend most of their time actively selling, rather than just delivering products.

Commissioned Salesperson Exemption

A commissioned salesperson may be exempt from overtime pay if they meet the following conditions:

  1. More than 50% of their income must come from commissions
  2. Their earnings must exceed 1.5 times the state minimum wage in each pay period

This exemption only applies for pay periods where the income requirement is met—employers cannot reallocate wages from one pay period to another to meet the exemption (Peabody v. Time Warner Cable, Inc. (2014) 59 Cal.4th 662, 669). Additionally, reassignment of wages would violate California Labor Code Section 204, which requires wages to be paid at least twice per month.

It is also crucial that commissioned pay is genuine—employers cannot misclassify bonuses as commissions just to avoid paying overtime. Furthermore, commissioned employees must actually be engaged in sales. For example, auto mechanics who receive a percentage of service charges do not qualify as commissioned salespeople since they only perform repair services rather than selling them (Keyes Motors, Inc. v. Division of Labor Standards Enforcement (1987) 197 Cal.App.3d 557).

A classic example of a commissioned salesperson is a car salesperson who earns a percentage commission on each vehicle sold. If their commissions make up more than half of their earnings, they may be exempt from overtime pay. However, they must still receive minimum wage and required rest/meal breaks (Vaquero v. Stoneledge Furniture LLC (2017) 9 Cal.App.5th 98).

Key Takeaways

  • Outside salespersons may be exempt from minimum wage, overtime, and break requirements, but the employer must prove they meet the legal definition.
  • Commissioned salespersons are only exempt from overtime pay—they still must receive minimum wage and meal/rest breaks.
  • Job title alone does not determine classification—courts examine actual job duties and earnings.
  • Employers cannot manipulate commission pay periods to meet exemption requirements.

Understanding these distinctions is crucial for both employees and employers to ensure compliance with California labor laws.

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