California is considered as one of the most worker-friendly states in the U.S. because of its progressive adjustments of federal employment law, which includes higher minimum wage, broader antidiscrimination employment rules, paid sick leaves, and paid family leaves, among others. All workers in California are carefully protected by a wide variety of employment and labor laws. Once an employer hires you as an employee, the state’s employment laws automatically protect you, regardless of your legal status or where you came from.
Here is a summary of your legal rights as an employee in California to help you understand the employment laws that will impact your employment. Besides complying with federal and state laws, employers should likewise comply with applicable municipal employment rules.
The California Fair Employment and Housing Act (FEHA) does not allow qualified employers (those who employ five or more people) from discriminating against protected characteristics and classes, including:
Retaliation against an employee who reports, opposes, or helps another individual in fighting employee discrimination is not allowed under FEHA. FEHA likewise prohibits harassment, which is considered a type of unlawful discrimination. In addition, employers should provide equal pay, specific pregnancy accommodations, allow discussions around wages, protect whistleblowers, and give employees access to their own personnel files.
Background checks and drug testing for pre-employment purposes are perfectly legal. However, employers are only allowed limited inquiries regarding salary history.
The state imposes specific rules about minimum wage, child labor, overtime pay, rest and meal breaks, as well as breastfeeding or lactation breaks. Employers should also follow strict rules about employee benefits, pay statements, temporary disability insurance, wage notice requirements, wage deductions, and health care continuation.
Employers must provide time off work or leaves of absence, including paid family leave, medical and family leave, emergency responder leave, paid sick leave, and domestic violence leave.
Employers should provide employees a safe working environment based on Occupation Safety and Health Administration (OSHA) regulations, including an effective illness and injury prevention plan.
You may have a valid claim for wrongful termination if your employee terminated you for discriminatory reasons, in violation of your contract’s terms, or for exercising your legal rights.
When your employment ends, your employer should follow applicable requirements for job references, final pay, and notification for mass layoff.
Now that you know your legal rights as a California worker, if your employer has violated an employment law or your legal rights, seek advice from our experienced Alameda employment law attorney here at Bogaards Law for further guidance. Our employment law attorneys in Alameda can help preserve your legal rights under state and federal laws and recover compensation from your employer, if necessary. Call us or fill out our online form to schedule your consultation today.
Wrongful death of the 20-year-old daughter of Renee and Israel Morales in the San Bruno PG&E gas pipeline explosion, with co-counsel John Feder. We were the second case to go to mediation resulting in one of the highest settlements in history.
Motorcyclist gets cut off by left-turning van in Capitola. Suffers below-knee amputation. Within one month of signing on with Bogaards Law, motorcyclist received a $250,000 advance from the defendant’s insurance company.
Pedro Avila was walking in a marked crosswalk, when a car took a left turn in Potrero Hill, and hit him. He suffered a broken right leg. The settlement included the $100,000 policy limits and $100,000 cash out of pocket from the motorist.
Speeding on a rented motorcycle after the Gay Pride Parade, plaintiff was hit by a Jeep making a left on Mission Street in San Francisco. Both sides’ accident reconstruction experts agreed that if plaintiff had been going the speed limit, the accident could have been avoided. Plaintiff suffered multiple pelvic fractures and underwent three surgeries. Her medical specials were $185,000. She had no wage loss claim as a Lt. Firefighter.
2019 – A petite 84 y.o.woman crossed in the middle of the street in dark clothing to go to the grocery store at night. She was hit by a car and died instantly.
Pedestrian gets hit by commuter bus making a right turn. Suffers a Lisfranc ankle injury with surgery. Medical bills were under $50,000. No wage loss.
Partial finger amputation of 8-year-old boy with comparative fault.
Customer trips and falls in parking garage. Suffers trimalleolar ankle fracture with surgery. Medical specials are $37,500. No wage loss.
Woman falls leaving a doctor’s office in SF. Suffers a complex ankle fracture. Liability is hotly contested. No wage loss.
Employee in a tech start-up makes a whistleblower claim regarding misuse of Facebook manager.
Homeowner slips on unsecured tarp in her foyer after coming downstairs and sues her general contractor doing her kitchen remodel. Homeowner suffers a severe elbow injury with surgery.
Wrist fracture arising out of pedestrian/auto accident, no surgery.
Plaintiff slipped and fell on nacho cheese on the floor at a U.S.F. basketball game, injuring his knee and resulting in arthroscopic surgery.
2014 – Mr. Dempsey was on his bicycle when he was hit by a car leaving the golf club. Liability was hotly contested. He suffered a broken right hand and cervical fractures.
Plaintiff was an 85-year-old man attending a weekly Rotary meeting at the DoubleTree Hotel in Livermore. He slipped on wet tiles and broke his femur in four places. Unfortunately, due to Alzheimer’s and life-threatening health issues, the plaintiff was unable to appear for his deposition or litigation past mediation.
Carbon monoxide poisoning case where clients, living in a ranch home in west Marin County, had only one day of exposure and no residual symptoms.
Wrongful death of 94 year old petite grandmother who ran out into traffic in the middle of the block between parked cars against a red light. Our accident reconstruction expert found no liability- zero-against the driver who hit her.
2016 – Two sisters were exposed to carbon monoxide poisoning from a faulty wall heater in a hotel that didn’t have a carbon monoxide detector. They needed 28 hours of treatment, including oxygen. Medical bills were less than $10,000.
Cyclist gets doored by rideshare car. Bruising and scarring near eye and hand.
2017 – An 86 y.o. lovely woman got on the MUNI bus, and the driver took off before she was seated. She fell and suffered a low back injury. She has a significant past medical history. Her medical bill was a mere $6,000.
Race car professional suffered neuropathic leg pain when race car driver backed up into him, while standing at metal table in hangar. Liability was hotely contested.
2016 – Ms. Guttman had a head-on collision, and suffered a sprained right ankle with surgery.
Court trial in Marin County for breach of plaintiff’s employment contract as an office manager. Plaintiff had both a personal and work relationship with employer, a medical doctor.
Female student was sexually abused by a male student at a local private middle school. The male student had abused other students in the past.
Disputed sexual molestation of high school male student by female teacher at private school.
Plaintiff was the executive assistant for the CEO of a Silicon Valley tech company for only a few years. She was fired for absenteeism and poor work performance; however, plaintiff had a personal relationship with the CEO’s family and claimed that the personal relationship both interfered with her ability to do her office work and lead to her termination.
Elder abuse case involving the death of a client’s father at a skilled nursing facility due to neglect, dehydration, and open wounds. Case settled at early mediation.
Elder abuse case involving the death of a fellow attorney’s mother within a month of moving into an upscale care facility in Marin County, because she was not given medications. Expedited settlement within three months of claim.
Wrongful death of the 20-year-old daughter of Renee and Israel Morales in the San Bruno PG&E gas pipeline explosion, with co-counsel John Feder. We were the second case to go to mediation resulting in one of the highest settlements in history. We also accompanied Renee Morales to the PG&E criminal trial over 5 years later.
Bicyclist suffered broken wrist injury requiring multiple surgeries in no liability case.
Almost 40 years of professional excellence
My mediation appointment with Ms. Bogaards was more than interesting as it was conducted exclusively by phone due to the health crisis. Despite this, it went smoothly and productively. The case settled within the allotted time frame due largely in part to Ms. Bogaards persistence but also her vast experience in personal injury work. It was obvious her defense and plaintiff’s background gave her credibility with both parties. All in all, it was all a very positive experience for a first-time use. She was prepared and knew the flash points needed to get this settled. It took time but it was due to the parties obstinance, which she dealt with professionally and civilly. I’ve known Ms. Bogaards over the years from having litigated with her in her role as a defense attorney. I thought this case was perfect for a Mediator with a defense background that also does plaintiff’s work, as she does. I was very impressed with her grasp of value as regards a plaintiff’s case. She was spot on regarding the values and issues. I would not hesitate to use her again and recommend her as a Mediator to all plaintiff’s attorneys who view her strictly as a former defense attorney. She is way more than that; very efficient, there was no wasted time.
Debra Bogaards is one of the most thorough, skilled and aggressive litigators in the Bay Area. She protects her clients and their interests like a mama bear to her cubs. I speak both as a client for whom Ms. Bogaards achieved an incredible result, and as a colleague who has worked beside Ms. Bogaards and has seen her diligence and thought process. Here skillset and tremendous presence and command, regardless of the forum, makes for a most fierce litigator. Ms. Bogaards is always my first recommendation to clients and friends seeking to protect their legal rights relating to personal injuries.
Look no further. Debra is an amazing lawyer and very thorough at her job. About a year ago, we came into contact with Debra because we were being harassed and kicked out by our landlord. Out of 5 lawyers we called Debra was the only one to answer and help us out immediately. The first time we called, her amazing assistant Rachel answered and began asking me questions in order to understand our case. She immediately began the process and before we knew it, we had a meeting with Debra. Debra is beyond amazing at her job. She is professional and knowledgeable in her profession. Apart from being a great lawyer, she is a caring person. We were going through a stressful time but Debra and her assistants, Rachel and Chelsea all made us feel welcomed and helped us forget for a moment the horrible landlord we had. Debra, Chelsea, and Rachel are outstanding and work together as an amazing team. We were beyond satisfied with the results we received and glad we chose Debra to represent us. We would recommend Debra in a heartbeat. She is unbelievably amazing in her profession and as a person.