Best Consumer Protection Lawyers in Tustin, CA

The Age Discrimination in Employment Act (ADEA) protects covered workers 40 years old or older from any adverse employment action taken on the basis of age. Whether it is legal to fire a more expensive older worker in order to replace him or her with a less-expensive younger worker depends upon several factors, such as the vesting of pension benefits or employer-sponsored health insurance, so it is worthwhile to talk to an attorney if you are considering or questioning such a decision.

In most cases, it is necessary to first make a claim to EEOC or the California Department of Fair Employment and Housing (DFEH). After the government agency has had an opportunity to investigate and enforce the complaint themselves, they may issue a right to sue letter giving the worker the ability to sue in state or federal court. In some situations, such as Equal Pay Act claims, it is possible for an employee to file a lawsuit without first making an administrative complaint.

No. The FLSA only establishes a federal minimum wage and the requirement to pay overtime (time-and-a-half) for more than 40 hours worked in a given workweek. States may go beyond the federal requirements, however, and California is one of the states that does so, requiring a higher minimum wage as well as overtime pay when an employee works more than eight hours in any workday (and double time for more than 12 hours), in addition to the federal 40-hour rule. Additionally, California labor law requires employers to provide a 30 minute meal period in a five-hour shift or two meal periods if the shift is more than ten hours long. State law also requires rest periods of ten minutes for every four-hour period worked.

Yes. California law does mandate that undocumented workers be paid at least the minimum wage as well as overtime when applicable. Undocumented workers are entitled to file a wage claim with the Labor Commissioner and will not be questioned about their immigration status in order to process the claim. Immigrant workers may also file employment discrimination claims without having to disclose their immigrant status.