Anaheim Employment Law Attorneys

Under Labor Code section 512 and Industrial Welfare Commission Wage Order 5, employers must provide a duty-free 30-minute meal period before the end of the fifth hour of work and a second meal period before the end of the tenth hour. When that meal period is interrupted, shortened, or never provided, Labor Code section 226.7 entitles you to one additional hour of pay at your regular rate for each workday a violation occurred. If your wage statements failed to reflect those premiums, Labor Code section 226 adds statutory penalties up to $4,000 per employee. Claims can be filed administratively with the Labor Commissioner's Santa Ana office or as a civil lawsuit in Orange County Superior Court, with a four-year statute of limitations on the wage-theft component.

California allows tip pooling among employees who are part of the chain of service, but owners, managers, and supervisors with hiring and firing authority cannot share in the pool. Labor Code section 351 makes any gratuity left for an employee the sole property of the employee, and an employer cannot count tips against minimum wage. Mandatory service charges, which are common at Anaheim Resort banquet events and convention catering, are treated as wages owed to staff rather than tips, and the employer cannot keep them. If you have been required to share tips with management, or if service charges have been kept by the house, you may have wage claims under Labor Code section 1194.

Yes, several California laws protect workers who raise wage complaints. Labor Code section 98.6 prohibits retaliation against employees who file or threaten to file a wage claim or who participate in a Labor Commissioner investigation. Labor Code section 1102.5, the state whistleblower statute, broadly protects employees who report violations of any state or federal law to a government agency or to a supervisor with authority to investigate. Remedies include reinstatement, lost wages, civil penalties up to $10,000 per violation, and attorneys' fees. The filing window for a section 98.6 retaliation complaint with the Labor Commissioner is one year, and PAGA penalties under Labor Code section 2698 may also apply.

California uses a joint-employer analysis that often makes both the hotel and the staffing company liable for wage violations. Under Martinez v. Combs and Labor Code section 2810.3, a client business that obtains workers through a staffing agency shares civil liability for unpaid wages and workers' compensation coverage when both entities exercise control over wages, hours, or working conditions. AB 5 and the ABC test under Labor Code section 2775 further constrain when a worker can be classified as an independent contractor versus an employee. If the hotel sets your schedule, controls your work, and provides your uniform and equipment, it is likely a joint employer regardless of which company issues your paycheck.

California Pregnancy Disability Leave under Government Code section 12945 entitles you to up to four months of job-protected leave for a pregnancy-related disability, separate from any leave under the California Family Rights Act (Government Code section 12945.2). Your employer must also engage in an interactive process to identify reasonable accommodations such as light duty, schedule changes, or transfer to less strenuous work under Government Code section 12945(a)(3). Refusing to allow you back, refusing accommodations, or terminating you because of pregnancy violates FEHA. You can file a complaint with the California Civil Rights Department within three years under Government Code section 12960 and pursue civil remedies including lost wages, emotional distress damages, and attorneys' fees.

Yes. Anaheim voters passed Measure L in 2018, which set a higher minimum wage for hospitality workers at large hotels in the Anaheim Resort area that received city subsidies. The measure interacts with California's statewide minimum wage and the new statewide $20 fast-food minimum wage that took effect in 2024. If your employer pays below the applicable rate, you can recover unpaid wages under Labor Code section 1194 plus liquidated damages, interest, and attorneys' fees. Wage-statement violations under Labor Code section 226 add penalties up to $4,000 per employee. Workers can file with the Labor Commissioner in Santa Ana or bring a civil action in Orange County Superior Court.

For state FEHA claims, Government Code section 12960 gives you three years from the last act of discrimination, harassment, or retaliation to file an administrative complaint with the California Civil Rights Department. After CRD issues a right-to-sue letter you have one additional year to file a civil lawsuit. For federal Title VII, ADA, and ADEA claims through the EEOC Los Angeles District Office, you have 300 days from the violation because California is a deferral state. Wage claims under Labor Code sections 200 through 243 generally carry a three-year statute, and unpaid-wage actions under California's Unfair Competition Law (Business & Professions Code section 17200) extend to four years.