Employees come to our law firm with common questions regarding employment laws in California. In general, California is a state that leans toward favoring the employee. However, this is in the general sense, and there are exceptions to this.
Common Questions About California Employment Laws
Below are some commonly asked questions about state employment laws in California. For specific legal counsel regarding your employment law case, we highly recommend you schedule a consultation with one of our seasoned lawyers. We are located in Solana Beach, California, and serve Southern California, including the San Diego area.
To speak to one of our experienced employment law attorneys, you can reach us online or call us to schedule an appointment at your earliest convenience.
How often must I get a break?
All nonexempt employees in California are allowed both meal and rest breaks. A meal break is required (30 minutes) if the nonexempt employee works at least six hours. If an employee works more than five, but less than six hours, the employee and employer may agree to waive the meal break. When it comes to rest breaks, you must receive a 10-minute break every four hours. If you believe you are not being given your legally required breaks under California state employment regulations and laws, talk to our lawyers. There are penalties for the employer, such as extra pay.
For what specific reasons can I get fired from my job?
Like many states, California is an “at-will” state. That means an employer can terminate an employee from their position for any reason. This truly means for any reason. The major caveat to this is that if the termination is for an illegal reason under both state and federal employment laws (such as discrimination or wrongful termination against protected classes of race, ethnicity, gender, etc.) then the employee may have cause to sue for wrongful termination.
What if I get pregnant or really ill? Can my employer fire me because of this?
Many people have heard of the federal Family and Medical Leave Act. There is a state equivalent to this in California called the California Family Rights Act. Basically, you are allowed a certain number of weeks (unpaid) of medical leave. There are very specific guidelines such as eligibility, the size of the employer, and how long you have been an employee. Discuss your case with one of our attorneys if you want to know more.
My supervisor harasses me but I’m not sure if it’s sexual harassment. What should I do?
Unfortunately, this is all too often the case. An employee isn’t quite sure he or she is being sexually harassed or being subjected to a hostile work environment. But rather than assert their rights under California employment laws, they go about their business in fear of being fired or retaliated against for saying anything. Do not let this happen to you. Talk to our lawyers if you believe you are being sexually harassed.
These are just some of the many common questions regarding California employment laws. We encourage you to take the steps toward securing an experienced lawyer by calling our law firm today:858.793.8090.