Fresno Employment Law Attorneys

Labor Code §§ 857-864 (codifying AB 1066) phased in full overtime rights for agricultural workers in California. As of January 1, 2025, ag workers at employers of all sizes are entitled to time-and-a-half after 8 hours in a workday or 40 hours in a workweek, with double-time after 12 hours. This is a major change from the prior ag exemption that allowed 10-hour days and 60-hour weeks before any overtime. Minimum wage under § 1194, meal and rest period rules under § 512 and § 226.7, wage statement rules under § 226, and the piece-rate compensation rules under § 226.2 also apply. PAGA penalties under § 2698 et seq. are available for systemic violations across a workforce.

Labor Code § 226.2 requires employers that pay on a piece-rate basis to separately compensate workers for rest periods, recovery periods, and 'other nonproductive time' at a rate that is at least the higher of the applicable minimum wage or the worker's average hourly rate for the workweek. Wage statements under § 226 must itemize total hours of rest/recovery periods, total hours of other nonproductive time, and the rates paid for each. Failure to comply allows recovery of unpaid wages, plus civil penalties and statutory damages. Combined with overtime under §§ 857-864 and minimum wage under § 1194, § 226.2 is a major tool for Central Valley ag workers in piece-rate jobs.

Cal/OSHA's Heat Illness Prevention Standard at 8 CCR § 3395 applies to outdoor places of employment when the temperature reaches 80 degrees Fahrenheit, and adds high-heat procedures at 95 degrees. Employers must provide enough fresh, suitably cool water (one quart per hour per employee), shade for rest periods, paid rest periods, acclimatization plans for new workers and during heat waves, written training, and emergency response procedures. A separate indoor heat standard (8 CCR § 3396) became effective in 2024 for indoor workplaces over 82 degrees. Labor Code §§ 6310 and 6311 bar retaliation against workers who complain about heat hazards or refuse unsafe work, with damages including lost wages, emotional distress, attorneys' fees, and a § 1102.5 civil penalty up to $10,000.

Labor Code §§ 2100-2112 (from AB 701) apply to warehouse distribution centers with 100+ employees at a single warehouse or 1,000+ employees across all warehouses in California. Employers must give each warehouse worker a written description of every quota the worker is subject to, including the quantified work, the time period, and any potential adverse actions. Quotas cannot prevent workers from taking required meal or rest periods or from complying with health and safety laws. Workers can request quota data and a 90-day calculation history. Retaliation for asking about quotas, complaining about quota-related safety issues, or failing to meet an unlawful quota is barred. PAGA penalties under § 2698 et seq. are available. Fresno's Amazon and other warehouses are within scope.

Labor Code § 1019 specifically targets 'unfair immigration-related practices' used in retaliation for an employee exercising any right under the Labor Code or related local ordinances. Prohibited practices include requesting more or different documents than required by federal Form I-9 rules, using E-Verify in a discriminatory manner, threatening to file or actually filing false reports with police or immigration authorities, contacting immigration authorities about an employee, and threatening immigration consequences. Violations create a private right of action and can trigger suspension of business licenses. § 1019 stacks on top of general whistleblower protection under § 1102.5 and national origin discrimination protection under FEHA Gov Code § 12940.

The CRD Fresno Office at 2550 Mariposa Mall, Suite 5024, Fresno, CA 93721, accepts FEHA complaints in person, by mail, or online through the CRD portal. Under Gov Code § 12960, you generally have 3 years from the last act of discrimination, harassment, or retaliation. After receiving a right-to-sue notice, you have 1 year to file in superior court. The EEOC Fresno Local Office at 2500 Tulare St, Suite 2601, Fresno, CA 93721, handles federal Title VII, ADA, ADEA, and Equal Pay Act charges, with a 300-day filing deadline. The two agencies have a work-sharing agreement, so a charge filed with one is generally treated as filed with the other for both state and federal claims.

Under Labor Code § 512 and the applicable IWC wage orders, non-exempt employees are entitled to an unpaid, off-duty 30-minute meal period for shifts over 5 hours and a second 30-minute meal period for shifts over 10 hours. Under § 226.7 and the wage orders, employees are entitled to a paid 10-minute rest period for each 4 hours worked or major fraction thereof. If a compliant meal or rest period is not provided, § 226.7 requires one additional hour of pay at the regular rate per workday for each type of missed break. Some industries (healthcare, construction, ag) have specific wage-order provisions allowing on-duty meal periods only under tightly defined circumstances and with a written agreement.

State-law claims under FEHA Gov Code §§ 12900-12996, the Labor Code, and common-law wrongful termination are typically filed in the Fresno County Superior Court at the B.F. Sisk Courthouse, 1130 O St, Fresno, CA 93721. Federal claims under Title VII, the ADA, the ADEA, the FLSA, and the FMLA are filed in the U.S. District Court for the Eastern District of California, Fresno Division, at the Robert E. Coyle Federal Courthouse, 2500 Tulare St, which also houses the EEOC Fresno office. Before filing a FEHA lawsuit, you generally need a right-to-sue notice from the CRD. Before filing federal claims, you generally need an EEOC right-to-sue letter.