Moreno Valley Employment Law Attorneys

No. Under California's AB 701, codified at Labor Code sections 2100 through 2112, warehouse employers have to give you a written description of any quota that applies to you, including how productivity is measured and any related discipline. The quota cannot be used to discipline you for taking a meal period, a rest break, restroom time, or any Cal/OSHA-protected activity. If you have not received a written quota description, or if your rate effectively requires skipping breaks, you may have claims under AB 701, Labor Code section 226.7 for break premiums, and section 1102.5 if you have been retaliated against for raising it. Save your write-ups and any quota communications.

Yes, in most cases. After Frlekin v. Apple, the California Supreme Court held that mandatory employer-required security and bag checks are compensable hours worked under California law. If you spend several minutes per shift going through a required check after you have clocked out, that time should generally be paid. Across hundreds or thousands of shifts, this typically supports wage claims under Labor Code section 510 for unpaid time, overtime when it pushes hours past eight in a day or 40 in a week, and wage statement violations under section 226. It also often supports PAGA representative claims under Labor Code section 2698 et seq.

Probably not. 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 or disabilities and prohibits termination because of disability. If you are being written up, denied accommodation, or pushed out after an injury, that pattern can support claims for workers' comp retaliation, FEHA disability discrimination, failure to accommodate, and wrongful termination in violation of public policy. Keep copies of medical restrictions, accommodation requests, and discipline notices.

Usually not. Under Labor Code section 2775, codifying AB 5, California uses the ABC test for most workers, including drivers. The company must prove three things 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 hauls only for one brand, uses dispatch-controlled assignments, and cannot freely refuse loads almost always fails at least one prong. If misclassified, you may be owed unpaid minimum wage and overtime under Labor Code sections 1194 and 510, business expenses under section 2802, and PAGA penalties.

Most individual wage claims for unpaid wages, missed meal and rest periods, and overtime can be filed with the DLSE. Riverside County is served through nearby DLSE district offices, including DLSE San Bernardino at 464 West Fourth Street, Room 348, San Bernardino, CA 92401, and the DLSE office serving the Inland Empire. DLSE will set a Berman hearing and can issue an award. For larger or more complex cases, including PAGA, retaliation, misclassification, or class-wide patterns, it usually makes more sense to file in Riverside County Superior Court at 4050 Main Street in Riverside.

FEHA claims under California Government Code sections 12900 through 12996 are filed with the California Civil Rights Department. The closest CRD office 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 Riverside County Superior Court. You can also file a parallel charge with the EEOC Los Angeles District Office at 255 East Temple Street. We usually pursue FEHA because California damages are uncapped and FEHA is broader than federal law on accommodation, pregnancy, and harassment.

No. California Labor Code section 98.6 prohibits retaliation against employees who file, threaten to file, or talk about filing a wage claim or who exercise rights under the Labor Code. Labor Code section 1102.5 protects you more broadly for reporting what you reasonably believe is unlawful conduct, including unpaid overtime. If you were fired soon after raising the issue and the stated reason does not match your record, that pattern supports a retaliation claim and a wrongful termination in violation of public policy claim, with potential reinstatement, back pay, emotional distress damages, and in some cases punitive damages.

Deadlines vary. FEHA discrimination, harassment, and retaliation claims 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 leave claims have their own deadlines. Talk to a lawyer early.