Issue Page
Overview
Common Employment Law Issues in California
CaliforniaWebDirectory.org compiles the most frequent workplace concerns in the state, helping workers recognize whether those problems could involve their legal rights.
Each issue section below provides:
A plain-language explanation.
Typical signs or examples.
Why the issue matters under California law.
When employees often seek attorney guidance.
Misclassification
What It Means
Employee misclassification happens when an employer incorrectly labels an employee as an independent contractor. This mistake — sometimes accidental, sometimes intentional — allows companies to avoid paying taxes, overtime, and benefits.
Why It Matters
California’s AB5 and ABC test make clear who qualifies as an independent contractor. Being misclassified can cost employees valuable protections.
Warning Signs
You’re told you’re “contract” but work full-time for one company.
You receive a 1099 form instead of a W 2.
The company controls your schedule, assignments, or tools.
Why Workers Seek Help
Misclassification can lead to lost pay and benefits. Many employees contact employment attorneys to correct their status and recover unpaid wages.
Wage Theft
What It Means
Any situation where an employer fails to pay what you’ve earned—including minimum wage violations, late paychecks, or illegal deductions—may qualify as wage theft.
Common Examples
“Off-the-clock” work not recorded or paid.
Withheld tips or commissions.
Final paycheck withheld after quitting.
Why It Matters
California law requires prompt and full payment of all wages. Workers can recover unpaid earnings, penalties, and interest.
Why Workers Seek Help
Attorneys often assist employees in calculating lost wages and filing claims through state agencies or private action.
Overtime Violations
What It Means
Eligible employees must be paid overtime (time-and-a-half) after 8 hours a day or 40 hours a week. Exempt employees must truly meet exemption criteria — salary alone doesn’t decide status.
Common Examples
Being told you’re “salaried” when performing hourly tasks.
Employer altering timesheets.
Not being paid double time past 12 hours.
Why It Matters
Unpaid overtime adds up quickly, and employers can owe back pay plus penalties.
Retaliation
What It Means
Retaliation occurs when an employer punishes an employee for engaging in “protected activity” — such as reporting discrimination, filing a wage claim, or participating in an investigation.
Common Examples
Sudden demotion after a complaint.
Reduced hours or denied promotions.
Firing soon after reporting an issue.
Why It Matters
California Labor Code §98.6 and FEHA protect employees from retaliation. Such behavior discourages accountability and fairness in the workplace.
Discrimination
What It Means
Employers may not treat workers unfairly based on protected characteristics such as race, gender, age, disability, or religion.
Common Signs
Disparate pay or hiring practices.
Unequal discipline or promotion opportunities.
Derogatory comments or exclusion based on identity.
Why It Matters
Discrimination undermines dignity and opportunity. California’s FEHA provides stronger protections than federal law, covering many more employers and traits.
Harassment
What It Means
Harassment includes unwelcome conduct—verbal, physical, or visual—that creates an intimidating or hostile environment.
Examples
Sexual comments or advances.
Derogatory jokes about race, gender, or appearance.
Threats or humiliation by supervisors or peers.
Why It Matters
Employers must maintain workplaces free of harassment and handle complaints promptly. Failure to act can make them liable under California law.
Leave Violations (CFRA, FMLA, Pregnancy)
What It Means
California employees have rights to protected leave for medical or family reasons. Employers must not deny, delay, or punish lawful leave requests.
Common Examples
Termination during pregnancy leave.
Discouraging workers from taking medical leave.
Cutting hours after returning from leave.
Why Workers Seek Help
Leave rights protect family health and job security. When these are ignored, employees often consult employment attorneys to restore their rights and benefits.
Wrongful Termination
What It Means
Termination for illegal reasons — like discrimination, retaliation, or whistleblowing — can be “wrongful” under California law.
Signs
Firing soon after reporting violations.
Vague or shifting reasons for termination.
Replacement by someone outside your protected group.
Taking Action
Learning the signs is step one. Understanding your rights helps you decide whether to act. If you recognize any of these situations in your workplace, consider seeking professional advice.
LFECR provides no-cost, confidential evaluations for employees across California.