Areas of Practice

Employment misclassification

New California law prohibit employers of certain industries from hiring independent contractors if the ABC test is not met. This test replaced the previously established Borello test. This law is now in effect as of Jan. 1st , 2020. The new ABC test is as follows:

  1. That the worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact.

  2. That the worker performs work that is outside the usual course of the hiring entity's business.

  3. That the worker is customarily engaged in an independently established trade, occupation or business of the same nature as the work performed.

This test however does not apply to the following professions:

  1. Certain licensed insurance agents and brokers

  2. Certain licensed physicians, surgeons, dentists, podiatrists, psychologists, or veterinarians

  3. Certain licensed attorneys, architects, engineers, private investigators and accountants

  4. Certain registered securities broker-dealers or investment advisers or their agents and representatives

  5. Certain direct salespersons

  6. Certain licensed commercial fishermen (only through December 31, 2022 unless extended by the Legislature)

  7. Certain newspaper distributors or carriers (only through December 31, 2020 unless extended by the Legislature)

If you believe your employer has miss classified your job position as an independent contractor call today to schedule a free consultation!

California's Law Protecting Against Discrimination

In the state of California, it is illegal for employers of five or more employees to discriminate against job applicants and employees because of a protected category, or retaliate against them because they have asserted their rights under the law.

Protected categories:

1.      Race, color

2.      Ancestry, national origin

3.      Religion, creed

4.     Age (40 and above)

5.      Disability, mental and physical

6.      Sex, gender (including pregnancy, childbirth, breastfeeding or related medical conditions)

7.     Sexual orientation

8.      Gender identity, gender expression

9.      Medical condition

10.  Genetic information

11.  Marital status

12.  Military and veteran status

Additionally, California law requires

The New Parent Leave Act (NPLA) requires employers of 20 or more employees to provide eligible employees job-protected leave for the birth of a child or the placement of a child for adoption or foster care.

Employers of five or more employees must provide up to four months disability leave for an employee who is disabled due to pregnancy, childbirth, or a related medical condition.

Employers of 50 or more employees are required to provide sexual harassment training to supervisory employees, and DFEH accepts complaints when a person believes that an employer has not complied with these training and education requirements.

These state laws barring discrimination apply to all business practices, including the following:

Advertisements

Applications, screening, and interviews

Hiring, transferring, promoting, terminating, or separating employees

Working conditions, including compensation

Participation in a training or apprenticeship program, employee organization or union

Wrongful Termination

Wrongful termination takes place when an employer unjustly or unfairly fires an employee in violation of federal or California employment laws. If you have been fired or threatened to be fired because of your race, sex, pregnancy, national origin, religion, disability or age, you might have a claim for wrongful termination. Call the attorneys at Orange County Employee Rights Law Group today for a consultation.

Wage and Hour Violations

As a California employee, you have the right to sue your employer if your employer has not paid you all the wages you are owed.  If your wages have not been paid, you can sue.  If you have been forced to miss your breaks, you can sue. If you have been deprived of compensation for work-related expenses, you should contact an experienced wage and hour litigator to help you enforce your rights. If your employer has violated any of your rights under the California Labor Code and Wage Orders and Fair Labor Standards Act (FLSA), you should consider pursuit of litigation.

Common examples include but are not limited too:

  1. Failure to provide meal and rest breaks

  2. Failure to pay for overtime

  3. Classification of exempt versus nonexempt employees

  4. Unlawful termination for wage and hour complaints

  5. Unpaid commissions and bonuses

  6. Unpaid wages

  7. Minimum wage violations

  8. Failure to reimburse for expenses

  9. Breach of employment contract

Harassment and gender equality

Both Federal and State law prohibits employers from engaging in discriminatory or harassing behavior. The law also states that an employer must take proper action to stop one employee from harassing or discriminating against another. When these laws are broken, employees have the right to file a lawsuit against their employers. Call today for a consultation with employment law experts.

Family and Medical Leave

Most California employees are protected under state and federal laws when they request short-term family or medical leave from work. These laws governing leave generally apply to employers who employ a defined number of employees specified in the law, and to employees who have worked for more than a year.  Two important laws apply here, the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) require that employers may not retaliate against, discriminate against or terminate a worker who takes leave for an approved reason.

These reasons include but are not limited to:

The birth of a child/maternity leave

The adoption of a child

A serious illness or injury

To care for an immediate family member with a serious injury or illness