Is Your Boss Breaking The Law? Common California Labor Code Violations and Other Abuses

By Lorgio Coimbra, Esq. 

You may think you are being treated well or fairly-compensated by your boss. But, in many cases, your employer may be unlawfully exploiting you...and you may not even know it. 

American history is laden with friction between management and labor.  The American labor union movement was borne out of a collective labor frustration with exploitation by their corporate bosses. Fortunately for workers, there is legal recourse for any number of exploitative and abusive employer practices.  In California, employers can be made to pay stiff fines, penalties and damages for violating state and federal labor laws.  Here are some common labor law violations that employers commit for which they can be civilly liable.

Paying employees flat salary when they should be paying hourly wages

Employers cannot arbitrarily classify their workers as salaried workers so they can avoid paying overtime. Labor laws in California have stringent guidelines concerning who is considered “exempt” from overtime pay. Examples of exempt employees include “professional” workers and “administrative” workers. However, it is not enough for an employee to be called a “manager” or “administrator;” he or she must have “hiring and firing authority” and the other hallmarks of autonomy before they can be denied overtime (usually by paying them a flat annual salary as opposed to hourly wages).

At the end of the day, regardless of the job title or designation, the worker’s job duties are taken into account in determining whether the employee is an administrative worker or not. 

Misclassifying workers as independent contractors

Many times, employers will classify their employees as independent contractors.  Doing so can save the employer the headache of paying overtime, insurance and additional taxes.  However, your employer could be on the hook for breaking labor laws.  For you to qualify as an independent contractor, you must be able to make your own schedule, use yoor own tools, vehicle and equipment, not be required to wear a company uniform and not have a manager or supervisor regularly giving you direction or instruction.  If, on the other hand, you are being instructed what to do on a regular basis and/or use the company’s supplies to carry out your tasks, your employer could be liable for lost overtime pay. 

Not allowing you enough time to eat your lunch, or burdening you with work activities during your lunch hour

In California, employees working 5+ hours a day must receive a 30 minute meal break free of work duties.  Under California labor laws, breaks must be devoid of any work activity or your employer must compensate you.  

For example, if you have to answer a phone call, tend to the front desk, watch or hear a presentation, or otherwise engage in any job-related task while you are on your break, you have been denied your lunch break.  The law requires that your boss reimburse you for that lost time. 

A meal break after five (5) hours of work is required in most occupations.  If your boss makes you work over ten hours a day, you, as a California employee, are entitled to two (2) thirty-minute (30) minute meal periods.  And for such days where you work over ten (10) hours, your meal breaks cannot be more than five (5) hours apart. 

Firing a worker because she is pregnant

Under California law, all employers must provide “reasonable accommodations” for their pregnant employees. Employers are responsible for making sure that the pregnant worker is allowed more rest breaks during the work day, and that she is permitted to see her gynecologist during work hours if needed. Should the mother decide to go on maternity leave, the employer must have the same job available for her when she returns, or a position comparable to her old job.  In most cases, it is unlawful for an employer to eliminate the returning mother’s position or to give her a demotion. 

Discriminating against disabled workers

The Federal Americans with Disabilities Act (ADA) and California law make it unlawful for employers to discriminate their employees on the basis of a disability.  Many disabled workers in California are already experiencing the hardships, stresses and challenges of living with a disability.  Discrimination at their place of employment or loss of employment (on account of their disability) only compounds such difficulties. It is against federal and state law for your employer to refuse to accommodate you for your disability.  If you have sustained an injury or have been diagnosed with an illness, the law requires employers to provide appropriate modifications to your work environment and otherwise accommodate for your disability.  



Defaming employees

In California, you can sue your employer for defamation if they have been terminated because a supervisor, co-worker or manager made a false verbal or written statement about you. 

Defamation refers to disseminating or publicizing (a) falsehood(s) about an individual, group or organization. If your employer terminated you on the basis of false statements made about you by a supervisor, a manager or co-workers, or if you have been wrongfully accused of theft, harassment or dishonesty, you may be able to pursue legal action against your employer for defamation (slander or libel). 

If, as a consequence of your employer’s defamatory conduct, you have sustained professional harm, you may be entitled to a monetary award for the damages you suffered. Defamation may include propagating or spreading a “calumny” or malicious lie about you, uttering false statements that make you appear incompetent or inefficient or accusing you of stealing money.

If you have been the victim of workplace defamation, you may be entitled to be compensated for the punitive damages, compensatory damages for emotional pain and suffering, attorney’s fees and court costs.

Failing to reimburse you for labor-related expenses 

If you have had to use your own funds to make purchases that are necessary to carry out your job duties (i.e., "job-related expenses"), your boss must reimburse you for these expenses. It is not a matter of generosity: it is the law.

Disclaimer: Nothing in this blog constitutes legal advice or counsel and should never be construed to be legal advice or counsel.  Author is not responsible for how content is interpreted. 

The Coimbra Law Office fights for discriminated, wrongfully-terminated and underpaid workers. Lorgio Coimbra is an aggressive and no-holds-barred advocate of California workers.  Mr. Coimbra is licensed in the State of California and, as a result, only represents injured California workers.  If your employer has denied you wages, overtime, failed to accommodate your for pregnancy or disability, wrongfully terminated you, discriminated against you or defamed you, contact the Coimbra Law Office as soon as possible at our toll-free number: 1-855-I-H8-BOSS (1-855-448-2677) or e-mail us at CoimbraLaw@Yahoo.com. Se habla Español.