FAQs: EMPLOYMENT LAWS

 

Hours of work and pay

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Is the dispute over your hours of work or your pay? If you work in the private (non-governmental) sector there are many California laws, along with some federal laws, that may apply:

  • Minimum wage (also applies in public, i.e., governmental sector)

  • Overtime pay (including specific requirements for domestic workers; also applies in public sector)

  • Time and place of payment while employed

  • Payment of wages upon termination or resignation

  • Paycheck statements

  • Deductions from pay

  • Meal and rest periods

  • Lactation accommodation (also applies in public sector)

  • One days rest in seven

  • Right to inspect personnel files

  • Misclassification as independent contractor

  • Employer recordkeeping

  • Employer posting requirements

  • Employer notice requirements

 

If you work in San Francisco there are laws regarding (1) minimum wage (also in other cities), (2) health care spending on employees; (3) the right to request flexible hours; (4) employer review of applicants’ arrest and conviction records; and (5) for employees in certain retail stores, work schedules and offers of pay and additional work to part-time employees.

 

Leaves of absence

 

Does the issue concern a leave of absence? There are several laws that may apply:

  • Family and medical leave

  • Pregnancy disability leave

  • Sick leave to attend the illness of a family member

  • Sick leave

  • Military leave

  • Paid parental leave

 

Discrimination and wrongful termination

 

Do you question your employer’s reason for a decision it made about you? California or federal law, or both, prohibit certain employers from making decisions based on:

  • Race

  • Color

  • Ancestry

  • Nation origin

  • Religion

  • Sex/Gender

  • Gender identity or expression

  • Sexual orientation

  • Marital status

  • Pregnancy

  • Disability

  • Medical condition

  • Age

  • Genetic information

  • Military/veteran status

  • Reporting unlawful or other improper conduct (whistle-blower)

 

In addition, there are laws that apply to the following situations:

  • Harassment

  • Disability accommodation

  • Religious accommodation

 

Finally, you may have a claim for:

  • Breach of contract not to terminate except for good cause

  • Defamation

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*This page concerns San Francisco, California, and federal law, but not all laws and claims that may exist.

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