Los Angeles Employment Law Attorneys

California's Fair Employment and Housing Act (FEHA), at Government Code §§ 12900-12996, is the main state anti-discrimination law. Gov Code § 12940 bars discrimination based on race, color, national origin, ancestry, religion, sex, gender identity, sexual orientation, age (40+), disability, medical condition, marital status, pregnancy, and several other protected characteristics. FEHA applies to employers with 5 or more employees, which is broader than federal Title VII (15+) and the ADEA (20+). Gov Code § 12940(k) also requires employers to take reasonable steps to prevent harassment and discrimination. Complaints generally must be filed with the Civil Rights Department within 3 years of the last violation under Gov Code § 12960, and you typically need a right-to-sue notice before filing a lawsuit.

You can file a wage claim with the California Labor Commissioner's Office (DLSE) at 320 W 4th St, Suite 450, Los Angeles, CA 90013, or online through the DLSE's wage claim portal. Labor Code § 1194 lets you recover unpaid minimum wage and overtime, plus interest and attorneys' fees. Labor Code § 226.7 provides one hour of pay at your regular rate for each missed meal or rest break required under §§ 510-512. Labor Code § 226 requires accurate itemized wage statements and provides penalties for violations. The general statute of limitations is 3 years for most Labor Code claims, and 4 years if you also bring a claim under California's Unfair Competition Law. Many LA workers bring both individual claims and Private Attorneys General Act (PAGA) claims under § 2698 et seq.

Almost never. Business and Professions Code § 16600 makes contracts that restrain anyone from engaging in a lawful profession, trade, or business void, with narrow exceptions for the sale of a business or dissolution of a partnership. Effective January 1, 2024, § 16600.5 went further: it bars employers from enforcing non-competes against California workers regardless of where the contract was signed, and it gives workers a private right of action plus attorneys' fees against employers who try to enforce or include void non-compete clauses. Non-solicitation of customer clauses and broad confidentiality clauses are also frequently unenforceable in California. Narrow trade-secret protections under the California Uniform Trade Secrets Act still apply.

California is an at-will employment state under Labor Code § 2922, meaning either party can end employment for any lawful reason. But several categories of firings are unlawful. Termination for a discriminatory reason under FEHA Gov Code § 12940 is illegal. Firing for reporting illegal activity is protected by Labor Code § 1102.5, the state whistleblower statute, which applies even if your report is internal and even if you were wrong but reasonably believed a law was being violated. Termination for taking protected leave under CFRA (Gov Code § 12945.2) or pregnancy disability leave (§ 12945) is unlawful. Firing for refusing to violate the law, refusing unsafe work (Labor Code §§ 6310-6311), or filing a workers' compensation claim (Labor Code § 132a) is also unlawful and supports a Tameny tort claim.

If your employer has 5 or more employees, the California Family Rights Act (CFRA) under Gov Code § 12945.2 gives you up to 12 weeks of job-protected unpaid leave for your own serious health condition, to care for a family member, or for bonding with a new child. CFRA family members include spouses, registered domestic partners, children, parents, parents-in-law, grandparents, grandchildren, siblings, and designated persons. Pregnancy Disability Leave under Gov Code § 12945 provides up to 4 months of leave for pregnancy-related disability and is in addition to CFRA. Federal FMLA gives 12 weeks for employers with 50+ employees. California paid sick leave under Labor Code § 246 generally provides at least 40 hours or 5 days per year. Los Angeles also has additional local paid sick leave rules.

California uses the ABC test, codified at Labor Code § 2775 (formerly Dynamex / AB 5). You are presumed to be an employee unless your hiring entity proves all three: (A) you are free from the company's control and direction, (B) you perform work outside the usual course of the hiring entity's business, and (C) you are customarily engaged in an independently established trade. Many industries have statutory exemptions that revert to the older Borello multi-factor test. Misclassification matters because employees get overtime under Labor Code §§ 510-512, meal and rest breaks under § 226.7, expense reimbursement under § 2802, wage statements under § 226, and workers' compensation. Misclassified workers can sue for these amounts plus PAGA penalties.

Most California state-law employment claims (FEHA, Labor Code, wrongful termination) are filed in the Los Angeles County Superior Court at the Stanley Mosk Courthouse, 111 N Hill St, with venue often based on where the employer does business or where the work was performed. Federal claims under Title VII, the ADA, the ADEA, the FLSA, or the FMLA are filed in the U.S. District Court for the Central District of California, with the main courthouse at 312 N Spring St. You can also file a charge with the EEOC at 255 E Temple St (4th Fl) and obtain a federal right-to-sue letter. Many LA cases pair a CRD complaint with parallel EEOC filing under the agencies' work-sharing agreement.

The Private Attorneys General Act, Labor Code § 2698 et seq., lets an aggrieved employee step into the shoes of the state Labor Commissioner and recover civil penalties for Labor Code violations affecting themselves and other current or former employees. Penalties generally start at $100 per pay period for an initial violation and $200 per subsequent violation. Of the recovered penalties, 65% goes to the Labor and Workforce Development Agency (LWDA) and 35% goes to the aggrieved workers. PAGA claims have a 1-year statute of limitations and require an LWDA notice before filing. Recent 2024 PAGA amendments require more diligent pre-suit efforts and allow some cure rights for employers, but they did not eliminate PAGA's role as a major enforcement tool.