Long Beach Employment Law Attorneys

Probably yes. Labor Code § 2775 (the ABC test from Dynamex / AB 5) presumes you're an employee unless the trucking company can prove all three: (A) you're free from the company's control in performing the work, (B) the work is outside the company's usual business, and (C) you're customarily engaged in an independently established trucking business. For most port drayage drivers, prong B fails because hauling containers is the company's core business, and prong A often fails because the company controls routes, scheduling, and equipment. Misclassified drivers can recover unpaid overtime under §§ 510-512, expense reimbursement for fuel, truck, and insurance under § 2802, wage-statement penalties under § 226, and PAGA penalties under § 2698 et seq.

Labor Code § 2802 requires an employer to indemnify an employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of duties. For truck drivers, that often means fuel, truck lease payments, insurance, maintenance, and parking. For warehouse and field workers, it often means tools, phones, mileage for required travel, and protective gear. For remote workers, it can include a reasonable portion of internet, phone, and home-office costs. § 2802 also requires reimbursement of attorneys' fees if the worker is sued by a third party for acts taken in the course of employment. The remedy includes the unreimbursed amount plus interest and attorneys' fees, and a § 2698 PAGA claim adds civil penalties.

California has two parallel protections. Labor Code § 132a expressly bars discrimination against an employee for filing or intending to file a workers' compensation claim, for receiving a workers' compensation award, or for testifying in a workers' compensation proceeding. A § 132a petition is filed with the Workers' Compensation Appeals Board, which can order reinstatement, back wages, and a penalty up to $10,000 against the employer. Separately, if your injury qualifies as a 'disability' under FEHA Gov Code § 12940(m), your employer must engage in an interactive process and provide reasonable accommodation. Wrongful termination tied to a workers' comp claim can also support a Tameny tort claim in superior court for wrongful termination in violation of public policy.

The EEOC Los Angeles District Office at 255 E Temple St, 4th Floor, Los Angeles, CA 90012, has jurisdiction over Long Beach. You can file a charge of discrimination based on Title VII, the ADA, the ADEA, the Equal Pay Act, or GINA there. California is a deferral state, which means you generally have 300 days from the last act of discrimination to file with the EEOC. Charges are typically dual-filed with the CRD under the agencies' work-sharing agreement, which preserves both state and federal claims. After the EEOC issues a Notice of Right to Sue, you have 90 days to file in federal court. Federal claims for Long Beach plaintiffs are filed in the Central District of California, 312 N Spring St.

FEHA Gov Code § 12940(j) prohibits harassment based on a protected characteristic (sex, gender identity, gender expression, sexual orientation, race, national origin, religion, disability, age 40+, etc.). Under California law, harassment claims do not require a 'severe or pervasive' threshold as strict as the federal one; a single severe incident can be enough. Employers with 5+ employees must take all reasonable steps to prevent harassment under § 12940(k). Hotel workers also benefit from statewide panic-button requirements under Labor Code § 6403.7. Gov Code § 12964.5 prohibits employer-imposed NDAs that cover harassment, retaliation, or discrimination claims. Retaliation for reporting is independently actionable under § 12940(h).

California Business and Professions Code § 16600 makes most non-competes void as a restraint on lawful profession, trade, or business, with narrow exceptions tied to the sale of a business or dissolution of a partnership. As of January 1, 2024, § 16600.5 went further: it prohibits employers from attempting to enforce non-competes against California workers regardless of where the contract was signed, makes such enforcement an act of unfair competition, and gives workers a private right of action with attorneys' fees against the employer. Broad customer non-solicits and no-recruit clauses are frequently unenforceable. Trade-secret protection under the California Uniform Trade Secrets Act still applies and is the proper avenue for protecting legitimate confidential information.

Long Beach hospital and clinic workers are covered by Labor Code §§ 510-512 and IWC Wage Order 4 or 5 depending on the facility type. Non-exempt employees get time-and-a-half after 8 hours per workday and 40 hours per workweek, and double-time after 12 hours per day. Many hospitals use alternative workweek schedules (e.g., 12-hour 3-day or 4-day shifts), which require a two-thirds secret-ballot vote of affected employees and proper notice to the Labor Commissioner. If the alternative workweek isn't properly adopted or followed, all hours over 8 are owed at overtime. Meal periods under § 512 and rest breaks under § 226.7 must be provided, with one-hour premium pay for each missed meal or rest period.

You can file with the California Labor Commissioner's Office (DLSE) at 300 Oceangate, Suite 302, Long Beach, CA 90802, in person or by mail, or online through the DLSE wage claim portal. Labor Code § 1194 lets you recover unpaid minimum wage and overtime, plus interest and attorneys' fees. Labor Code § 226.7 covers meal and rest break premiums under § 512 and applicable wage orders. Labor Code § 226 wage statement claims and §§ 201-203 final-pay claims can be combined in a DLSE Berman hearing or filed in court. Many Long Beach workers also file PAGA claims under § 2698 et seq. by sending an LWDA notice and then filing a representative court action.