San Diego Employment Law Attorneys

Under FEHA Gov Code § 12960, you generally have 3 years from the last discriminatory act to file an administrative complaint with the California Civil Rights Department (CRD). After you receive a right-to-sue notice, you have 1 year to file a civil lawsuit. Federal Title VII, ADA, and ADEA claims have a 300-day deadline to file with the EEOC in California (because California is a deferral state). Many San Diego workers file with both agencies under their work-sharing agreement to preserve every claim. Note that retaliation claims under FEHA also fall under § 12960's 3-year clock, while Labor Code § 1102.5 whistleblower claims generally have a 3-year statute of limitations in court.

Labor Code §§ 510-512 require time-and-a-half pay for non-exempt workers after 8 hours in a workday, after 40 hours in a workweek, and for the first 8 hours on the 7th consecutive workday. Double-time is required after 12 hours in a workday and after 8 hours on the 7th consecutive workday. This is more generous than federal FLSA, which only requires overtime after 40 weekly hours. Exemptions exist for true executive, administrative, professional, outside-sales, and computer-professional employees, but the exemption tests are strict and require both salary thresholds and substantive duties tests. Misclassification as exempt is a common claim in San Diego biotech and tech.

No. Labor Code § 132a expressly bars discrimination against employees for filing or intending to file a workers' compensation claim, for receiving an award, or for testifying in a comp proceeding. If your employer retaliates, you can file a § 132a petition with the Workers' Compensation Appeals Board, which can order reinstatement, back wages, and a penalty of up to $10,000. You may also have a separate wrongful-termination-in-violation-of-public-policy claim in superior court. Additionally, if the underlying injury or condition counts as a 'disability' under FEHA Gov Code § 12940(m), the employer must engage in an interactive process and provide reasonable accommodation, separate from the comp system.

Under Labor Code § 512 and applicable IWC wage orders, non-exempt employees are entitled to an unpaid, off-duty 30-minute meal period for shifts over 5 hours and a second meal period for shifts over 10 hours. Under Labor Code § 226.7 and the wage orders, employees are entitled to a paid 10-minute rest period for each 4 hours worked or major fraction thereof. If the employer fails to provide a compliant meal or rest period, § 226.7 requires one additional hour of pay at the regular rate per workday for each type of missed break. These premiums count as wages for purposes of waiting-time penalties under § 203 and wage statement requirements under § 226.

Several laws. Labor Code § 6310 prohibits discrimination or retaliation against employees who file a complaint with Cal/OSHA, who report unsafe conditions, or who exercise rights under the Occupational Safety and Health Act. Labor Code § 6311 lets employees refuse to perform work that would violate a workplace safety standard and would create a real and apparent hazard, without losing wages. Labor Code § 1102.5 also protects whistleblowing about violations of any local, state, or federal law, including OSHA and Cal/OSHA rules. Federal OSHA § 660(c) provides parallel protections. Damages can include lost wages, emotional distress, attorneys' fees, and up to a $10,000 civil penalty per violation under § 1102.5.

Severance is voluntary in California unless required by contract or policy. A valid severance agreement typically includes a release of FEHA, Labor Code, and federal claims in exchange for payment. Under Gov Code § 12964.5, employer-imposed NDAs cannot prevent disclosure of harassment, retaliation, discrimination, or unlawful workplace conduct. Releases of FLSA and certain workers' comp rights face limits. If you are 40 or older and the severance is part of a group layoff, the federal Older Workers Benefit Protection Act requires specific disclosures, a 45-day review period, and a 7-day revocation period. You cannot waive non-waivable wages already earned under Labor Code §§ 201-203, including final pay and waiting-time penalties already accrued.

State-law claims under FEHA Gov Code §§ 12900-12996, the Labor Code, and common-law wrongful termination are typically filed in the San Diego County Superior Court, with the Hall of Justice at 330 W Broadway handling most civil filings. Federal claims under Title VII, the ADA, the ADEA, the FLSA, and the FMLA are filed in the U.S. District Court for the Southern District of California, with the Edward J. Schwartz Federal Courthouse at 221 W Broadway and an additional courthouse at 333 W Broadway. Before filing a FEHA lawsuit, you generally need a right-to-sue notice from the CRD. Before filing a Title VII or ADA lawsuit, you generally need a right-to-sue letter from the EEOC.

The Private Attorneys General Act, Labor Code § 2698 et seq., lets an aggrieved employee bring a civil action to recover Labor Code civil penalties on behalf of the state, themselves, and similarly affected coworkers. The plaintiff must first send a notice to the Labor and Workforce Development Agency (LWDA) describing the violations. After waiting periods and any cure rights, the employee can file in superior court. Penalties are typically $100 per pay period per affected employee for an initial violation and $200 thereafter, though 2024 amendments adjusted some allocations. Recovered penalties are split 65% to the LWDA and 35% to the workers. PAGA is commonly paired with class claims in San Diego hospitality and biotech cases.