Fontana Employment Law Attorneys

No. California's AB 701, codified at Labor Code sections 2100 through 2112, requires warehouse employers to give you a written description of any quota that applies to you, including how productivity is measured and the consequences of missing it. The quota cannot require you to skip a meal period, rest period, restroom use, or any Cal/OSHA-protected activity, and your employer cannot count that time against you. If you have never been given a written quota description, or if the quota effectively forces you to skip breaks, you may have claims under AB 701, Labor Code section 226.7 for break premiums, and section 1102.5 if you have been disciplined for raising the issue.

Probably not. Under Labor Code section 2775, codifying AB 5, California uses the ABC test for most workers, including drivers. The company has to prove all three prongs at once: that you are free from control, that the work is outside the company's usual business, and that you have an independently established business of your own. A driver who only hauls for one company, uses dispatch-controlled routes, and cannot freely turn down loads almost always fails at least one prong, usually prong B, because driving is the company's main business. If misclassified, you may be entitled to unpaid wages, overtime under Labor Code section 510, expense reimbursement under section 2802, and PAGA penalties under section 2698 et seq.

Yes, potentially. California Health and Safety Code section 1278.5 specifically protects healthcare workers who present grievances or report unsafe patient care, and Labor Code section 1102.5 protects any employee who reports what they reasonably believe is a violation of law. If discipline or termination followed your report by a short window and the stated reason does not match your record, that pattern can support a retaliation claim, a wrongful termination in violation of public policy claim, and in some cases punitive damages. Save your report, any internal complaint, and the timing of the discipline.

No. California Labor Code section 132a prohibits retaliation against employees who file or pursue a workers' compensation claim. Separately, FEHA, Government Code section 12940, requires reasonable accommodation for work-related injuries and disabilities and prohibits termination based on disability. If you are being written up, denied accommodation, or pushed out after a work injury, that can support workers' comp retaliation, FEHA disability discrimination, failure to accommodate, and wrongful termination in violation of public policy claims. Document the timeline and any restrictions or accommodation requests in writing.

Most individual wage claims for unpaid wages, missed meal and rest periods, and overtime can be filed with the DLSE San Bernardino Office at 464 West Fourth Street, Room 348, San Bernardino, CA 92401. DLSE will set a Berman hearing and can issue an award. For larger or more complex cases, including PAGA, retaliation, misclassification, or class-wide claims, it is usually better to file in San Bernardino County Superior Court. Fontana cases typically go to the San Bernardino Justice Center at 247 West Third Street or the Rancho Cucamonga District Courthouse at 8303 Haven Avenue, depending on venue.

California FEHA claims are filed with the California Civil Rights Department. The closest CRD office for Fontana is the Riverside office at 1325 Spruce Street, Suite 320, Riverside, CA 92507. CRD investigates or, more commonly, issues a right-to-sue notice that allows you to file in San Bernardino County Superior Court. You can also file with the EEOC Los Angeles District Office at 255 East Temple Street under Title VII or the ADA. We usually pursue FEHA because California damages are uncapped and FEHA is broader than federal law on accommodation, harassment, and pregnancy.

Deadlines vary. FEHA discrimination, harassment, and retaliation generally have three years to file with CRD and one year from the right-to-sue notice to sue. EEOC Title VII charges are usually 300 days in California. Most wage and hour Labor Code claims run three years, extended to four when paired with Business and Professions Code section 17200. PAGA requires LWDA notice before suit, with its own one-year window plus tolling. Whistleblower retaliation under Labor Code section 1102.5 is generally three years. CFRA and FMLA interference claims have their own timelines. Because deadlines often interact, do not wait if you think something happened.