Ontario Employment Law Attorneys

In most cases, yes. California treats time spent on required pre-shift briefings, donning required safety gear, and walking from the briefing room to your station as hours worked under Labor Code section 510 and the relevant Wage Order. If you are told to clock in only when you get to the ramp or station, the difference is unpaid wages, can trigger overtime, and creates wage statement violations under Labor Code section 226 if your pay stub does not reflect the actual hours worked. Patterns like this commonly support PAGA claims under Labor Code section 2698 et seq.

Yes. California's AB 701, codified at Labor Code sections 2100 through 2112, requires warehouse employers to provide a written description of any quota that applies to you, including how productivity is measured and any related discipline. If you have never received that disclosure, or if the rate effectively requires skipping meal and rest periods, 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, performance reports, and any internal complaints.

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 prongs 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. Drayage drivers who haul only for one company, follow dispatch-controlled assignments, and cannot freely turn down loads almost always fail at least one prong. If misclassified, you may be entitled to unpaid wages, overtime under Labor Code section 510, business expense reimbursement under section 2802, and PAGA penalties.

Probably. 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 and 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 workers' compensation retaliation, FEHA disability discrimination, failure to accommodate, and wrongful termination in violation of public policy claims. Document the timeline and accommodation requests.

Most individual wage claims for unpaid wages, missed meal and rest periods, and overtime can be filed with the DLSE San Bernardino Office at 464 West Fourth Street, Room 348, San Bernardino, CA 92401. 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 is usually better to file in San Bernardino County Superior Court at the Rancho Cucamonga District Courthouse at 8303 Haven Avenue, which is the West End civil venue serving Ontario.

California FEHA claims under 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 San Bernardino County Superior Court. You can also file with the EEOC Los Angeles District Office at 255 East Temple Street. We typically lead with FEHA because California damages are uncapped and FEHA is broader on accommodation, pregnancy, and harassment standards.

Generally no. California Labor Code section 6311 protects you from termination for refusing to perform work that would violate a Cal/OSHA standard and that creates a real and apparent hazard. Labor Code section 6310 protects you for raising safety concerns or filing a Cal/OSHA complaint. Labor Code section 1102.5 also protects you for reporting what you reasonably believe is unlawful conduct. If you were fired after a refusal or report, 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 Labor Code wage and hour 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 interference claims have their own deadlines. Talk to a lawyer early.