Glendale Employment Law Attorneys

Under Labor Code section 2775, you are presumed to be an employee unless the studio can satisfy all three prongs of the ABC test: (A) freedom from control, (B) work outside the company's usual course of business, and (C) customary engagement in an independent trade. AB 2257 created industry-specific exemptions for certain professional services and fine artists, but rank-and-file animation production work generally does not qualify. If misclassified, you can recover unpaid overtime under Labor Code section 1194, missed-break premiums under section 226.7, expense reimbursement for equipment and software under section 2802, and waiting-time penalties under section 203. Tax indemnity provisions under Labor Code section 2802 also support recovery of self-employment tax differentials.

Generally no. Under 2 California Code of Regulations section 11028 and Government Code section 12951, English-only rules are presumed to discriminate based on national origin unless the employer can demonstrate (1) a business necessity that the rule is needed for the safe and efficient operation of the business; (2) the rule effectively fulfills the business purpose; and (3) there is no alternative practice that would accomplish the purpose with less discriminatory impact. The employer must also notify employees of the circumstances and consequences of the rule. Even where a rule is justified during specific tasks, blanket policies covering breaks and personal conversations are typically unlawful. Violations support FEHA claims with three years to file under Government Code section 12960.

Multiple statutes stack here. Sarbanes-Oxley section 806 (18 U.S.C. section 1514A) protects employees of publicly traded companies who report fraud against shareholders or securities-law violations, with a 180-day filing window at OSHA. Dodd-Frank section 922 (15 U.S.C. section 78u-6(h)) protects whistleblowers reporting securities violations to the SEC with a six-year statute and double back pay. California Labor Code section 1102.5 protects employees who report violations of any state or federal law to a government agency, supervisor, or other authority within the company, with civil penalties up to $10,000 per violation and attorneys' fees. Wrongful termination in violation of public policy under Tameny adds tort damages including punitive damages.

Industrial Welfare Commission Wage Order 5 governs healthcare and requires a 30-minute duty-free meal period before the end of the fifth hour and a second meal period before the end of the tenth hour. Healthcare workers can waive the second meal period in writing if the total shift does not exceed 12 hours, but the first meal period generally cannot be waived if the shift exceeds six hours. Each missed, shortened, or interrupted meal period entitles you to one additional hour of pay at the regular rate under Labor Code section 226.7. Wage-statement violations under Labor Code section 226 add penalties up to $4,000 per employee. PAGA penalties further multiply recovery on hospital-wide policies.

Yes, since the 2021 expansion. Government Code section 12945.2 (CFRA) now defines covered family members broadly to include a child of any age, parent, grandparent, grandchild, sibling, spouse, and domestic partner. Eligible employees with at least 12 months of service and 1,250 hours in the prior year may take up to 12 workweeks of job-protected unpaid leave in a 12-month period for the employee's own serious health condition, to care for a covered family member with a serious health condition, or for bonding with a new child. CFRA applies to employers with five or more employees, broader than federal FMLA's 50-employee threshold. Retaliation for requesting or taking CFRA leave is FEHA-prohibited and supports claims with three years to file.

Yes, accent-based decisions are typically national origin discrimination under FEHA Government Code section 12940 and Title VII. Employers can lawfully require effective communication where it is genuinely necessary for job performance, but adverse actions based on accent alone, comments about how someone speaks, or stereotypes about communication abilities are unlawful. The 2 CCR 11028 regulations specifically prohibit discrimination because of accent unless the accent materially interferes with job performance. Comparators showing similarly accented candidates rejected and unaccented candidates promoted are powerful evidence. Filing windows are three years with the California Civil Rights Department and 300 days with the EEOC Los Angeles District Office.

Most arbitration agreements covered by the Federal Arbitration Act are enforceable, but California enforces vigorous unconscionability review under Armendariz v. Foundation Health, which requires neutral arbitrator selection, adequate discovery, written decisions, the same remedies available in court, and the employer to bear all unique arbitration costs. The Silenced No More Act (CCP section 1001 and Government Code section 12964.5) bars enforcement of NDA provisions that conceal facts about workplace harassment or discrimination. Under Adolph v. Uber, PAGA representative claims survive arbitration. AB 51's general prohibition on mandatory arbitration is largely preempted for FAA-covered employers, so review of any agreement by an employment lawyer before signing is critical.