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Employment Law

It is no secret that California has some of the strictest and most voluminous labor laws in the nation. The depth and breadth of these laws can be confusing for both employees seeking to know their rights, and employers seeking to comply with the law. The attorneys at Anderson Hayes, P.C. can help employees and employers know, understand, and enforce their rights, and can also assist business owners to avoid labor code violations that result in costly penalties and lawsuits.

When Do I Need An Employment Lawyer?

The California Labor Code includes specific laws governing when employers are required to provide breaks, meal periods, overtime, sick leave, and when employees are required to purchase items for work or are entitled to reimbursements from employers. Both employers and employees may need legal advice to understand their rights and responsibilities under The California Labor Code. California provides that missed meal periods and rest periods entitle a worker to an hour of pay for each missed break and/or meal period, up to two hours of additional pay per day. Workers that are not compensated for overtime may recover those wages, plus penalties and interest.

Employees are often misclassified as independent contractors (1099s) by employers so that the employer can avoid paying payroll taxes and overtime, and providing other benefits provided to W-2 employees under the California Labor Code. Employers are not the party that gets to decide whether or not you are an employee or an independent contractor. This is a legal determination, and all too often employees are misclassified by their employers as independent contractors, thus depriving them of reimbursements for items such as cellular telephone service, gas, uniforms, sales supplies, and forcing the employee to pay self-employment taxes. Courts have discussed a number of factors that are used to determine whether an employee has been misclassified. In short, if your employer controls how you perform your job, when you perform your job, requires a uniform, and/or your business is not distinct from your employer, you are likely an employee and are entitled to the protections of the California Labor Code.

California also provides protections from discrimination in the workplace. Employees are protected from adverse action against them on the basis of:

  • Race
  • Age
  • Gender
  • Sexual Orientation
  • Disability
  • Religion
  • Pregnancy
  • National Origin

If you have been terminated or retaliated against based on one or more of the above factors, or if you or your business have been accused of wrongfully terminating or retaliating against an employee for one of the above factors, we can help. Call the attorneys at Anderson Hayes, P.C. at 858-771-7527 for a free consultation regarding your case.