Rancho Cucamonga Employment Law Attorneys

Being salaried alone does not make you exempt under California law. To be properly classified as exempt under Labor Code section 515 and the IWC Wage Orders, you generally have to meet a salary threshold (currently no less than two times the state minimum wage for full-time work) and spend more than half your time on duties that qualify under one of the executive, administrative, or professional exemptions. If you spend most of your time on routine tasks, customer support, or non-discretionary work, you may be misclassified, and you may be owed back overtime under Labor Code section 510, meal and rest break premiums under section 226.7, and wage statement penalties under section 226.

Yes. California Labor Code section 1102.5 protects employees who report what they reasonably believe is a violation of any federal, state, or local law, including internal reports up the chain of command. The statute protects even if your concern turns out to be a misunderstanding, as long as you reported in good faith and reasonably believed there was a violation. If discipline or termination followed your report by a short window and the stated reason does not match your record, that pattern can support a section 1102.5 claim, a wrongful termination in violation of public policy claim, and in some cases punitive damages.

Probably not. California's CFRA, codified at Government Code section 12945.2, generally requires reinstatement to the same or a comparable position when you return from protected leave. Eliminating a role specifically because the employee took leave, or refusing comparable reinstatement, is interference and retaliation. There are limited exceptions when the position would have been eliminated regardless of the leave, but employers have to prove that with documentation. If you were not reinstated to a comparable role, that supports a CFRA claim, a FEHA retaliation claim, and in some cases a wrongful termination in violation of public policy claim.

Yes. California FEHA, Government Code section 12941, prohibits age discrimination against employees age 40 and over. Patterns to look for include sudden negative reviews after years of positive performance, layoffs that disproportionately hit older workers, comments about being slow, traditional, or not a culture fit, and replacement by significantly younger employees doing the same work. If the facts support an age-based motive, you can file with CRD and then in San Bernardino County Superior Court for FEHA damages, which are uncapped, and potentially under federal ADEA.

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 exempt misclassification, PAGA, retaliation, 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. We help workers decide which forum fits.

California FEHA claims 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 a parallel EEOC charge under Title VII, ADA, or ADEA at the EEOC Los Angeles District Office at 255 East Temple Street. FEHA is broader than federal law and damages are not capped, so we typically lead with the state claim.

No. California's paid sick leave law, Labor Code section 246, gives most employees the right to accrue and use paid sick leave. Labor Code section 246.5 specifically prohibits retaliation for using accrued sick leave. If you were disciplined, demoted, denied a shift, or fired soon after using sick leave, that pattern can support a retaliation claim. The statute also creates penalties and a private right of action when paired with other Labor Code violations or PAGA. Save your sick leave requests, time-off records, and any discipline that followed.

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. 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 to keep all your options open.