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What Is Employment Law?
Employment law governs the relationship between employers and employees, establishing legal rights and responsibilities in the workplace. It covers a wide range of issues, including wages and working hours, discrimination, harassment, wrongful termination, workplace retaliation, and other employment disputes.
In California, employees benefit from some of the nation’s most comprehensive workplace protections. California employment law includes both state and federal regulations, with state laws often providing greater protections than federal requirements. These laws address issues such as minimum wage, overtime pay, workplace discrimination, and employee rights.
Understanding these protections can help California employees recognize potential employment law violations and determine when they may benefit from consulting an employment attorney.
When Should You Hire an Employment Attorney in California?
Employment problems can affect your income, career, and professional relationships. If you believe your employer has violated your rights, consulting an employment law attorney may help you understand your options.
An attorney can evaluate the circumstances of your case, explain applicable California labor laws, and determine whether you may have grounds for a claim. Depending on the situation, resolving an employment dispute may involve negotiating a settlement, filing an administrative complaint, or pursuing employment litigation.
The following workplace issues commonly benefit from legal guidance.
Wrongful Termination
If you believe you were fired for an unlawful reason, such as discrimination or retaliation for reporting a workplace violation, an employment attorney can help evaluate whether your termination may have violated California law.
Harassment
If you are experiencing unwelcome conduct at work based on a legally protected characteristic, you may have grounds for a workplace harassment claim. An employment lawyer can help assess the conduct and explain your legal protections.
Discrimination
If you believe your employer has treated you unfairly because of your race, gender, age, religion, disability, or another protected characteristic, an attorney can help determine whether the conduct may constitute unlawful employment discrimination.
Overtime and Unpaid Wages
If your employer has failed to pay wages you may be legally entitled to, including overtime pay, an employment attorney can evaluate potential wage and hour violations and explain your options for recovering unpaid compensation.
Every employment law case is different. Whether you are experiencing one of these issues or another employment issue, consulting an attorney can help clarify your rights and potential legal options.
Understanding Your Rights Under California Employment Law
California employment law establishes important protections governing how employees are treated, compensated, and protected in the workplace. Many California labor laws provide broader protections than federal employment laws, although the rules that apply depend on the employee’s circumstances.
Some of the fundamental workplace rights available to California employees include:
Fair Wages and Overtime Pay
Most employees are entitled to applicable minimum wages, and nonexempt employees generally qualify for overtime compensation when they work beyond specified daily or weekly thresholds.
Protection from Workplace Discrimination
State law prohibits discrimination based on protected characteristics, including race, religion, sex, disability, and age for employees who are 40 or older.
Protection from Workplace Harassment
Employees are protected against unlawful harassment based on characteristics covered by California law.
Protection from Workplace Retaliation
Employers generally cannot retaliate against employees for engaging in legally protected activities, such as reporting certain workplace violations.
Protected Leave and Reasonable Accommodations
Eligible employees may have rights to protected leave or workplace accommodations under applicable laws.
These protections apply in different ways depending on the employer, employee, and circumstances. An employment lawyer can help determine which laws apply to a particular workplace issue.
How Can an Employment Lawyer Help With an Employment Claim?
Employment attorneys provide legal advice and representation to employees facing workplace issues. Their role may extend beyond filing lawsuits to include evaluating potential claims and exploring ways to resolve disputes.
Depending on the circumstances, an employment law attorney may assist with:
01
Evaluating a Potential Claim
Reviewing the circumstances of a workplace issue and identifying applicable California employment laws.
02
Reviewing Evidence
Examining relevant employment records, pay statements, workplace communications, and other documentation.
03
Exploring Possible Resolutions
Assessing whether negotiations, settlement discussions, or administrative proceedings may be appropriate.
04
Pursuing Employment Litigation
Representing employees in court when litigation is warranted and available under the law.
Not every employment dispute results in a lawsuit. Some matters may be resolved through negotiations or administrative processes, while others require litigation. The appropriate approach depends on the legal issues and circumstances involved.
What Compensation May Be Available in an Employment Law Case?
Employees who successfully pursue certain employment law claims may be entitled to financial compensation or other legal remedies. The types and amounts of compensation available depend on the nature of the violation and the applicable law.
Potential remedies may include:
Unpaid Wages and Overtime
Compensation for legally required wages that an employer failed to pay.
Back Pay and Lost Benefits
Earnings or employment benefits lost as a result of certain unlawful employment actions.
Emotional Distress Damages
Compensation for emotional harm in qualifying employment discrimination, harassment, or other applicable claims.
Punitive Damages
Additional damages that may be available in certain cases when the applicable legal requirements are met.
Other Remedies
Depending on the claim, reinstatement, statutory penalties, interest, or attorney’s fees may be available.
Not all remedies apply to every employment law case. An attorney can evaluate the circumstances and explain which forms of relief may be legally available.
Employment Law vs. Labor Law
The two terms are often used interchangeably, although they cover different areas. Employment law generally deals with the rights of individual employees, including protection from discrimination, harassment, retaliation, and wrongful termination, as well as wage and hour rules. Labor law generally deals with the relationship between employers and groups of workers, such as unions, collective bargaining, and organizing. Colby Law Firm represents individual employees in employment law matters.
Serving Employees Across California
Colby Law Firm is based in Studio City and represents employees throughout California. You can learn more about our work with employees in Los Angeles, San Diego, San Francisco, and Sacramento.
Why Choose Colby Law Firm For Employment Issues In California?
Attorney Aaron Colby founded Colby Law Firm after 15 years representing employers, including as an equity partner at Davis Wright Tremaine. He knows how companies prepare for and respond to employee claims, and he now uses that knowledge on behalf of employees across California. Aaron was selected to Super Lawyers for 2027, and you can read what clients say about working with the firm in our Google reviews.
Frequently Asked Questions About California Employment Law
What does an employment lawyer do?
An employment lawyer advises and represents employees in legal matters involving workplace rights and employer conduct. Employment attorneys may evaluate potential claims involving discrimination, harassment, wrongful termination, retaliation, and wage violations. Depending on the circumstances, they may assist with negotiations, administrative complaints, settlements, or employment litigation.
What rights do employees have under California employment law?
California employees have legal protections involving minimum wages, overtime pay, workplace discrimination, harassment, retaliation, and certain forms of protected leave. Some rights apply broadly, while others depend on factors such as employer size, employee classification, and eligibility. An employment attorney can help explain which protections apply to a particular situation.
Can I sue my employer for violating California employment law?
You may be able to sue your employer if its conduct violates applicable employment laws. However, not every workplace issue provides grounds for a lawsuit. An employment lawyer can evaluate the circumstances and explain potential legal options.
Do I need an employment attorney to file a claim against my employer?
Employees can pursue certain workplace complaints without legal representation. However, employment laws and filing procedures can be complex. An attorney may help identify potential claims, evaluate evidence, explain procedural requirements, and represent an employee during negotiations or litigation.
Discuss Your Employment Law Concerns With Colby Law Firm
Employment law is complex, and the outcome of any claim depends on the specific facts and applicable laws. Our California employment lawyers can review your concerns and discuss potential next steps.
