Frequently Asked Questions

If you are experiencing harassment or discrimination, it’s essential to take the following steps:

• Document the incidents: Keep a record of what is happening, including dates, times, and details of the harassment or discriminatory behavior.
• Report the issue: Notify your employer, HR department, or another appropriate person within your organization.

Consult an attorney: If the situation does not improve or your employer fails to act, an experienced attorney can help you understand your options and guide you through the legal process.

If you witness illegal activity occurring at your workplace, it’s important to take action to protect your rights and the rights of others. Here’s what you should do:

• Document the incident: Write down details about the illegal activity, including the date, time, location, and individuals involved. Collect any evidence that supports your observations (emails, messages, videos, etc.).
• Report the activity internally: If safe to do so, report the illegal activity to your employer or HR department. Employers are legally required to address complaints of unlawful conduct.
• Report to authorities: If the illegal activity involves a crime (such as fraud, safety violations, or harassment), you may also want to report it to the appropriate government agencies (e.g., OSHA, the Department of Fair Employment and Housing (DFEH), or local law enforcement).
• Consult an attorney: If you are concerned about retaliation for reporting illegal activity, consulting with an experienced attorney can help ensure your rights are protected.

Whistleblower protection laws are in place to shield employees from retaliation when they report illegal conduct. If you’ve witnessed illegal activity, we can help you understand your options for reporting it safely and protecting yourself from retaliation.

Under California law, employees are entitled to meal and rest breaks during their shifts. If you’re not receiving the breaks you’re entitled to, here’s what you should do:

• Speak to your employer: If possible, bring up the issue with your employer or HR department. They may be unaware of the violation and can take corrective action.
• Document the violations: Keep a record of when you were not given meal or rest breaks, including the dates and times you worked through breaks.
• File a complaint: If your employer refuses to address the issue, you can file a complaint with the California Labor Commissioner’s Office or consult with an attorney to pursue legal action for unpaid break time.
• Consult an attorney: If the issue persists or you feel your employer is intentionally denying breaks, an attorney can help you understand your rights and guide you through the process of filing a claim for unpaid wages or penalties.

Employers who violate meal and rest break laws can face serious consequences, including paying penalties and back wages. You have the right to be paid for missed breaks, and we can help you hold your employer accountable.

California law requires employers to pay overtime wages for hours worked over 8 hours in a day or 40 hours in a week, as well as double time for hours worked over 12 hours in a day. If you are not being paid the proper overtime or double time wages, take the following steps:

• Review your pay stubs: Ensure that your overtime hours are correctly tracked and that you’re being paid at the appropriate rate.
• Speak to your employer: If you believe you are not receiving the correct pay, bring the issue to your employer’s attention. Sometimes errors occur, and they may be able to resolve the issue promptly.
• Keep a record of hours worked: Maintain detailed records of the hours you work, including any overtime or double time, so you have evidence if needed.
• File a complaint: If your employer refuses to address the issue, you can file a complaint with the California Labor Commissioner’s Office or consult with an attorney to pursue legal action for unpaid time.

Employees who are not paid the correct overtime or double time wages may be entitled to back pay, penalties, and interest. We can help you recover the wages you are owed and ensure your employer complies with wage laws.

Misclassification of employees can have serious consequences, particularly when it comes to overtime pay, meal and rest breaks, and other legal rights. If you believe you are being misclassified as an exempt employee or an independent contractor, here’s what you should do:

• Review Your Job Duties:
  The classification of “exempt” under California law depends not just on salary, but also on the employee’s job duties. Exempt employees typically include managers, professionals, and administrative employees who perform specific types of work. If your job duties don’t align with the requirements of an exempt position (e.g., if you perform routine, non-managerial tasks or work that could be classified as hourly work), you may be misclassified.
• Check Your Salary:
  California law requires that exempt employees be paid a minimum salary, which is significantly higher than the state’s minimum wage. If your salary is below the exempt threshold (as of 2024, at least $65,680 annually for employers with 26 or more employees), you may be misclassified, especially if your job duties don’t meet the exemption requirements.
• Evaluate Your Independent Contractor Status:
  If you are classified as an independent contractor but are treated like an employee (e.g., working regularly for a single employer, following the employer’s schedule, and using the employer’s tools or equipment), you may actually be an employee under California’s ABC test. The test determines whether someone is truly an independent contractor based on whether:
  • The worker is free from the control and direction of the employer.
  • The work performed is outside the usual course of the employer’s business.
  • The worker is customarily engaged in an independently established trade or business.
• Talk to Your Employer or HR Department:
  If you believe you’ve been misclassified, the first step is often to discuss the issue with your employer or HR department. Sometimes, misclassifications are due to administrative errors or misunderstandings, and they may be able to correct the classification.
• Document Your Hours and Duties:
  Keep a record of the hours you work, the tasks you perform, and any communications related to your classification. This can help demonstrate whether your work aligns with the exempt status or independent contractor status.
• Consult an Attorney:
  Misclassification can have significant financial implications, such as being denied overtime pay, benefits, or job protections. If you are unsure about your classification or if your employer refuses to correct the issue, consulting with an employment lawyer is the best course of action. We can help you evaluate your situation, determine if you’ve been misclassified, and assist you in taking legal action to recover unpaid wages, benefits, or penalties.

Misclassification claims can be complicated, but you don’t have to navigate them alone. Our firm can help you determine if your classification is correct and guide you through the process of filing a claim to recover any owed wages or damages.

Sexual harassment is illegal under both California law and federal law. If you are being sexually harassed by a colleague, take the following steps:

• Document the harassment: Keep a detailed record of each incident, including dates, times, locations, and the nature of the harassment. Save any emails, messages, or other evidence.
• Report the harassment: Notify your employer, supervisor, or HR department about the harassment. Employers are required by law to take prompt and effective action to stop sexual harassment.
• File a complaint: If your employer fails to take appropriate action or if the harassment continues, you may file a formal complaint with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC).
• Consult an attorney: If the harassment persists or you fear retaliation for reporting the conduct, consulting with an experienced attorney can help you protect your rights and pursue a legal claim for damages.

You do not have to tolerate sexual harassment in the workplace. We are here to help you hold your employer accountable and secure the compensation you deserve for the harm you’ve suffered.

If some time has passed since the event you’re concerned about—such as wrongful termination, discrimination, harassment, or unpaid wages—you may still have a viable legal claim. California law provides specific statutes of limitations (time limits) for filing claims, and the timeframe can vary depending on the type of case. 

If you’re unsure about whether you still have time to file a claim or whether your situation is covered by the statute of limitations, it’s crucial to consult with an employment lawyer as soon as possible. We can review the facts of your case, determine whether you are still within the legal time limits, and guide you on the best course of action to protect your rights.

Our firm is dedicated to providing personalized, client-focused legal services. We specialize in representing employees in a wide range of employment law issues, including wrongful termination, discrimination, harassment, retaliation, wage violations, and more. Unlike large law firms, we offer:

• One-on-one attention from experienced attorneys
• Clear and timely communication throughout your case
• A focus on achieving the best possible outcome for you, whether through negotiation or litigation

If you’re facing an employment issue, we’re here to help you get the justice and compensation you deserve.