Employment Law FAQs

• What is Employment Law?
• How Do I Know if I Have an Employment Discrimination Case?
• How Do I Know if I am Entitled to Overtime Pay?
• I Rarely Get Meal or Break Periods at Work. What is the Law in California for This?
• Does My Employer Have to Pay Me for Sick Time and Vacation Time if I Quit?
• Can My Employer Require Me to Take a Drug Test?
• My Boss Made a Rude, Sexually Suggestive Comment to Me. Can I File for Sexual Harassment?
• Can Sexual Harassment Claims Only Exist Between Employers and Employees?
• Can I be Terminated for Reporting Illegal Activity at Work?
• What is Does “At-Will” Employment Mean?
• Do I Need a Lawyer for an Employment Claim?
• How Long Does It Usually Take a Case to Settle?

The term employment law covers a wide range of issues that include things such as wrongful termination, sexual harassment, employment discrimination and whistleblowing. It usually involves the relationship between an employer and employee, but can also include coworkers under certain circumstances.

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Discrimination in the workplace occurs when your job (including hiring, firing and promotions), is affected because of your age, gender, race, religion or sexual orientation. If on the other hand, these decisions are made based on your abilities and job performance, they would not be considered discriminatory.

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In California, all non-exempt employees who work over 8 hours, and up to 12 hours on any given workday, or for the 1st 8 hours worked on the 7th consecutive day is entitled to be paid 1 ½ times the employee’s regular rate of pay. On any given workday, all hours worked over 12 hours, and all hours worked after the first 8 on the 7th consecutive day should be paid double their regular rate of pay.

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In California, your employer is required to provide a 30-minute meal break for every 5-hour work period. They must also allow non-exempt employees a 10-minute break for every 4 hours worked. If your employer fails to do this, they are required to give one hour of pay for every day these meal and rest breaks are not given.

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In California, accrued vacation time is considered wages and should be included in your final paycheck. There is however, no legal obligation to pay your for sick time.

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If safety is important in your particular job (truck driving, construction work, airline pilot, for example), then your employer can legally drug test you with or without notice. Drug testing is also permitted where you have agreed to it in a written document. Otherwise, your employer must suspect drug activity to conduct a drug test.

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If your employer offered you benefits or increased pay for sexual favors, then they can be held liable for one comment. Whether you have a case however will depend on whether your employer’s actions were “severe and pervasive.” Generally, a single rude comment would not be considered actionable.

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While it is more common for sexual harassment claims to exist between employers and employees, coworkers can also be involved.

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No. If you were the whistleblower of an illegal activity at your job, you are entitled to protection from any retaliation by your employer.

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An “at-will” employee has no defined employment term and the job can be terminated by either party. This work arrangement is presumed where there is no written employment contract or oral agreement that does not specify the term or grounds for termination.

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It is highly recommended that you speak with experienced legal counsel if you have an employment issue. Labor laws are always changing, and employment disputes can be complex. In order to ensure that your rights are protected and that you have the best possible chance of success with your claim, speak to a lawyer as soon as possible.

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The answer is it depends. The typical employment dispute can take up to 1 year to be resolved. If the case is particularly complex or involves a high dollar amount, it can take up to 2 years to settle. Keep in mind however, that your lawyer will be working to resolve the matter in the quickest, most efficient manner possible. That said, a case can resolve sooner depending on the circumstances.

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