Wage & Overtime Disputes in California: Know Your Rights and How to Protect Them

If you're a California-based employee navigating health or family caregiving challenges, it's important to understand one of your key protections: the California Family Rights Act (CFRA). At Chami Law, we help employees evaluate and enforce their rights, especially in cases of leave denial, retaliation, discrimination, or interference. This article explains what CFRA is, when it applies, how you identify violations, and when you may want to seek legal guidance. What is CFRA? The California Family Rights Act is a state law that provides eligible employees the right to up to 12 workweeks of job‐protected, unpaid leave in a 12-month period for qualifying reasons. Key aspects: It covers caring for your own serious health condition, caring for a family member with a serious health condition, or bonding with a new child (birth, adoption, foster care). It is similar in many ways to the federal Family and Medical Leave Act (FMLA) but with some important differences. Under CFRA, the employer must continue the employee's group health plan benefits under the same conditions as if the employee had not taken leave. Who is eligible & when does CFRA apply? To qualify for CFRA leave under California law, you must meet certain eligibility requirements: You must have worked for the employer for at least 12 months. You must have worked at least 1,250 hours in the 12-month period immediately preceding the leave. Your employer must be a "covered employer." In California, that means an employer with five or more employees in many cases. The reason for the leave must be a qualifying reason: e.g., your own serious health condition, a qualified family member's serious health condition, a new child bonding, etc. What counts as a serious health condition? A "serious health condition" under CFRA is defined similar to FMLA: an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider. Bonding Leave and "Designated Person"  Under recent changes, CFRA allows leave to care for a "designated person" - someone the employee names who has a serious health condition and who is related by blood or whose association with the employee is equivalent to a family relationship. What rights do you have during leave? Once you're eligible and the leave qualifies under CFRA, here are key protections you should know: Job protection & reinstatement : Your employer must reinstate you to your same or a comparable position when you return from leave. Health benefits continuation : Your group health insurance must be maintained under the same terms while you're on leave (up to 12 workweeks). Intermittent or reduced schedule : If medically necessary, you may take leave intermittently or on a reduced schedule. Notice requirements : If the leave is foreseeable (like planned surgery or birth), you should give your employer at least 30 days' notice. Use of paid leave : While CFRA leave is unpaid by the employer, you may choose (or be required) to use accrued paid leave (sick, vacation) during your CFRA leave, depending on your employer's policies. What are potential violations and how to identify them? It's important to recognize when your rights under CFRA may have been violated. Some red flags include: Refusing to grant eligible leave : If you are eligible under the criteria and your employer denies your request for leave or fails to grant it. Failure to reinstate after leave : If you take CFRA leave and then your employer refuses to return you to your job (or a comparable job) when you come back. Health benefits dropped or changed : If your employer fails to maintain your group health plan coverage during your leave. Retaliation or discrimination : If your employer takes adverse action (demotion, reduction of hours, termination) because you took or attempted to take CFRA leave. Incorrect eligibility or misclassification : If employer claims you aren't eligible though you meet criteria (12 months, 1,250 hours, employer size) or misinterprets who qualifies. If any of the above occur, you may have a legal claim. For example, you might file a complaint with the California Civil Rights Department (CRD). How to protect yourself and document your rights Here are best practices for employees to protect their rights under CFRA: Document your eligibility : Keep records of your start date, hours worked, pay stubs, and employer size (number of employees) to show you meet the eligibility requirements. Provide clear notice : Even if your employer has forms, it's wise to give written notice (email or letter) that you believe you qualify under CFRA and state the reason and approximate timing. You don't have to use the words "CFRA" but you should clearly indicate the need for leave.Follow your employer’s internal procedures. Report the issue to HR in writing and keep copies. If HR is the problem, escalate to the next manager and document that you tried to resolve it internally. Follow employer's certification procedures : If asked, you may need to provide reasonable medical certification. But your employer cannot demand unnecessary details beyond what the law allows. Track your leave : Note the dates the leave begins, ends, any intermittent use, and whether you get reinstated to your job. Keep communications : Save emails, letters, memos about your leave request, employer responses, and any notes about conversations. Seek confidentiality if needed : If you are concerned about retaliation, avoid being the sole one to approach - you might consult legal counsel early to ensure your rights are protected. Know your fallback options : If you cannot work due to serious health condition, you may also have rights under other laws (e.g., disability/accommodation under the California Fair Employment and Housing Act (FEHA)). When should you consult legal counsel? You should consider reaching out to an employment law attorney - such as Chami Law - if any of the following apply: Your employer denied your request for CFRA leave without a valid basis. You took CFRA‐qualifying leave and upon return your job or benefits were changed , removed, or you were demoted or fired. You believe you were retaliated against for exercising your CFRA rights. Your employer is creating obstacles (e.g., improper certification demands, refusal to maintain health benefit coverage, refusing intermittent leave) and you're unsure how to proceed. You want to understand how CFRA interacts with other leave law s (such as pregnancy disability leave, PFL, state disability) and how to maximize job protection and benefits. At Chami Law, we offer no-obligation consultations to evaluate your situation, explain your rights, and guide you on potential next steps. Final Thoughts - You Don’t Have to Navigate this Alone Understanding your rights under CFRA is a key part of safeguarding your employment stability during times of serious health issues or family caregiving responsibilities. Many employees feel unsure, overwhelmed, or intimidated - but you don't have to navigate this alone. If you're in California and believe you may qualify for CFRA leave - or are facing pushback from your employer - reach out to Chami Law. Our team is here to help guide you through evaluating your options, identifying potential violations, advising on documentation and timing, and supporting you in pursuing the best outcome. We invite you to contact us for more information and to schedule a consultation.

Sexual harassment is illegal in California. It's a form of sex-based discrimination that can target anyone - women, men, and non-binary people; straight, gay, and trans workers; applicants, employees, and even some contractors. It does not have to be motivated by sexual desire to be unlawful. What counts as sexual harassment? California recognizes two main types: Quid pro quo ("this for that"): someone with power (e.g., a supervisor) ties a job benefit - or freedom from punishment - to your submission to sexual advances or conduct. Even one instance can be unlawful. Hostile work environment : unwelcome conduct based on sex (including gender identity/expression or sexual orientation) that unreasonably interferes with your work or creates an intimidating, hostile, or offensive environment. A single severe incident can be enough; it doesn't have to be frequent. Examples include unwanted touching; sexual jokes or comments; leering; displaying sexual images; requests for sexual favors; or offering benefits in exchange for sexual conduct. Retaliating because someone rejects advances or complains is also unlawful. Key California rule : Courts and the Legislature clarified that harassment standards should be applied in a realistic way - "stray remarks" and overly high severity thresholds shouldn't be used to throw out valid cases. Who is protected? Which employers are covered? Everyone in California workplaces is protected from harassment - including applicants and people providing services under a contract - regardless of the employer's size. Harassment and discrimination are prohibited under the Fair Employment and Housing Act (FEHA). Among other things, FEHA protects workers from harassment because of sex, gender, gender identity/expression, sexual orientation, pregnancy/childbirth , and more. Federal law ( Title VII ) also bans sex-based harassment, which the EEOC enforces nationwide. Your employer's legal duties California holds employers to robust prevention and response standards: Keep a harassment-free workplace & act quickly . Employers must take reasonable steps to prevent and promptly correct harassment, including by non-employees like customers. They're responsible for harassment by supervisors/agents and may be liable if they knew or should have known about coworker or customer harassment and failed to act. Have a compliant written policy . California regulations require a clear anti-harassment/anti-retaliation policy with confidential complaint paths (not just your direct boss), prompt impartial investigations, documentation, and a ban on retaliation; it must be distributed to staff and translated when needed. Provide mandatory training . Employers with 5+ employees must give at least 1 hour of interactive training to non-supervisors and 2 hours to supervisors every two years and within six months of hire/promotion, covering harassment based on gender identity/expression and sexual orientation. How to recognize violations Ask yourself: Is someone demanding dates, sexual favors, or intimate messages in exchange for raises, shifts, plum assignments - or to avoid discipline? (Quid pro quo.) Are you dealing with unwanted touching; repeated sexual jokes; explicit images; "locker-room talk"; degrading comments about your body or gender; or misusing power to intimidate? (Hostile environment.) Did things worsen after you said no or reported it? That points to retaliation , which is also illegal under FEHA; whistleblower safeguards in the Labor Code offer additional protection for reporting violations. Immediate steps to protect yourself Document everything . Save emails, texts, DMs, voicemails, calendars, photos, and notes with dates, locations, witnesses, and what was said/done. (Back them up.) Tell the person to stop if you feel safe doing so . A short, clear message ("This is unwelcome. Please stop.") can help establish that the conduct is unwelcome. Use internal channels . Report through any path your policy allows - HR, a designated representative, a hotline, or a manager (not just your direct supervisor). California requires these options to exist. Seek support . Talk to a trusted coworker, friend, therapist, or advocate. If you feel unsafe, call 911. Get legal advice early . Quick guidance helps you navigate reporting choices, preserve evidence, and avoid common pitfalls. Reporting options outside your company California Civil Rights Department (CRD). You generally have three (3) years from the last act to start the CRD process for FEHA claims. You can request an immediate Right-to-Sue to proceed directly to court, or have CRD investigate/mediate first. After a Right-to-Sue, you typically have one (1) year to file in court. EEOC (federal). For Title VII claims, you usually must file a charge within 180 days , extended to 300 days in California because we have a parallel state agency. Charges are often dual-filed with CRD under a work-sharing agreement. Tip : Deadline rules can be tricky - especially if you had gaps in employment, worked remotely from another state, or the misconduct continued over time. Speak with an attorney as soon as you can about your specific timeline. Settlement confidentiality & your right to speak California's " Silenced No More Act " limits what employers can hide in settlements. Agreements cannot stop you from discussing facts of unlawful harassment, discrimination, or retaliation; employers also have restrictions on using nondisparagement or gag clauses. Separate rules limit "no-rehire" clauses. What can you recover? Depending on the case, remedies can include emotional-distress damages, back pay, reinstatement or promotion, policy changes, penalties, and attorney's fees ; punitive damages may be available in egregious cases. Common questions Does the law apply if my company is small? Yes. California's harassment rules apply to all workplaces, no matter the size. What if the harasser is a customer or vendor? Your employer still must take immediate and appropriate corrective action once it knows or should know. Can my boss be personally liable? Yes. Individuals who harass (supervisors and coworkers) can face personal liability under California law. Will I be protected if I report it? Retaliation for reporting or participating in an investigation is illegal under FEHA and California's whistleblower laws. How Chami Law helps Confidential, no-obligation case review. We'll listen, assess your options (internal report, CRD/EEOC charge, immediate Right-to-Sue, or a negotiated resolution), and map out next steps - on your timeline. Evidence & strategy. We help organize evidence, preserve texts/emails, and guide you through complaint procedures so you're protected from retaliation. Negotiation & litigation. From demand letters and policy fixes to mediation and trial, we pursue results that protect your career and well-being. Bilingual support. Nuestro equipo es bilingüe en español para atenderle con confianza y claridad. Quick checklist (save this) Write down what happened (who, what, when, where, witnesses). Preserve texts/emails/DMs/photos. Review your company's policy and report through any listed channel. Consider a CRD or EEOC filing to preserve deadlines. Talk to a lawyer early - before signing anything or quitting. Talk with Chami Law - free & confidential If you've experienced sexual harassment - or you're not sure whether what's happening is illegal - reach out. We'll explain your options and protect your rights, with no obligation to move forward. Contact Chami Law | Se habla español.

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At Chami Law, we believe every worker in California deserves to feel safe and respected in the workplace - regardless of their immigration status. With rising concerns over Immigration and Customs Enforcement (ICE) activity and employer cooperation with federal immigration authorities, it's crucial for employees to know their rights under California law. This includes how to identify violations, recognize discriminatory behavior, protect yourself and others, and take steps to seek justice if those rights are violated. Understanding ICE Raids & Immigration Enforcement at Work ICE may attempt to enter workplaces to conduct investigations related to immigration status. However, California laws provide strong protections for workers: 1. Employer Obligations Under California Law California's Immigrant Worker Protection Act (AB 450) limits how and when employers can cooperate with ICE. Specifically: Employers may not allow ICE agents into nonpublic areas of a workplace without a judicial warrant. Employers may not provide employee records to ICE without a subpoena or judicial warrant. Employers must notify employees and their unions within 72 hours of receiving an ICE I-9 audit notice. Employers who violate these laws can face fines ranging from $2,000 to $10,000 per violation. 2. What to Do If ICE Comes to Your Workplace If ICE shows up at your workplace: You do not have to speak to them. You have the right to remain silent. Do not show any identification, such as passports or consular IDs. Ask if they have a judicial warrant. Administrative ICE warrants are not the same and do not permit entry without employer consent. Do not run. Staying calm is critical. If you feel your rights were violated during an ICE interaction, document everything and seek legal advice immediately. Workplace Discrimination Based on Immigration Status or National Origin California's Fair Employment and Housing Act (FEHA) and Labor Code section 1019 protect employees from discrimination based on: Immigration status National origin Language proficiency Accent Employers are also prohibited from retaliating against workers who: Assert their rights File complaints with government agencies Refuse to allow ICE agents into private areas without proper warrants No employer has the right to threaten to call immigration authorities in retaliation for your actions. Doing so may be considered unlawful retaliation and discrimination. Recognizing Discrimination or Coercion Common signs of immigration-related workplace abuse may include: Threats to report you or your family to immigration Unfair treatment compared to U.S.-born coworkers Being denied wages or overtime due to immigration status Pressure to sign false documents or waivers under threat of deportation You are not alone - and you do not have to tolerate such treatment. California law protects all workers, including undocumented individuals. How to Protect Yourself Know your rights before a situation arises. Document everything - names, times, witnesses, copies of forms or emails. Speak with an employment attorney before responding to requests from employers related to immigration enforcement. Report violations to the California Labor Commissioner or Department of Fair Employment and Housing (DFEH). Your immigration status does not take away your right to a fair and safe workplace. Seeking Legal Guidance - We're Here to Help At Chami Law, we are committed to defending the rights of immigrant workers and standing up to discrimination in all forms. Whether you've experienced a workplace raid, been threatened based on your status, or simply want to know your rights, our team is here to guide you - confidentially and with compassion. We handle cases related to: Wrongful termination Retaliation for asserting rights National origin and immigration-related discrimination Hostile work environments Unlawful verification practices (I-9 abuse) Consultations are always confidential and at no obligation . We'll walk you through your options, help you document your experience, and protect you if you choose to come forward. Ready to talk? Contact Chami Law today . Let us help you evaluate your situation and fight for the justice you deserve .

At Chami Law , we believe every employee deserves to work in an environment free from discrimination - including age discrimination. If you're 40 years or older and feel you've been treated unfairly at work due to your age, California law offers you robust protections. This article will help you understand your rights, how to identify age discrimination, how to protect yourself, and what to do if you think your rights have been violated. What Is Age Discrimination? Age discrimination occurs when an employee or job applicant is treated less favorably because of their age - most commonly when they are 40 or older. This could manifest in hiring decisions, promotions, layoffs, pay, job assignments, or access to training. Age discrimination is illegal under both federal and California law , including: California Fair Employment and Housing Act (FEHA) - California Government Code §12940(a): Prohibits employers with five or more employees from discriminating based on age (40+). Federal Age Discrimination in Employment Act (ADEA) - Protects individuals age 40 and older from discrimination at companies with 20+ employees. California Labor Code §1102.5 - Protects employees who report unlawful or unethical behavior, including age discrimination, from retaliation. Examples of Age Discrimination Age discrimination can be subtle or overt. Some common signs include: Repeated comments or jokes about your age or retirement. Being passed over for promotions or high-profile projects in favor of younger employees with less experience. Sudden negative performance reviews after years of strong work. Unfair discipline or termination while younger coworkers are treated more leniently. Hiring managers expressing a desire for a "young, energetic" team. Pressure to retire or being excluded from training opportunities. Remember, you do not have to be fired to have a valid claim . Demotions, harassment, poor treatment, or being overlooked for opportunities can all be forms of age discrimination. How to Protect Yourself If you suspect age discrimination, here are steps you can take: Document Everything : Keep a written record of discriminatory comments, actions, dates, and witnesses. Review Company Policies : Familiarize yourself with your employer's anti-discrimination and complaint procedures. Speak Up : If you feel comfortable, raise your concerns with HR or management in writing. File a Complaint Internally : Follow internal grievance procedures. This shows good faith and builds a record. File a Government Complaint : You may file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). These agencies investigate and can issue a "right to sue" letter. Contact a Lawyer Early : Even before making a complaint, it's wise to speak with an attorney to protect your rights and strategy. Retaliation Is Also Illegal If you report age discrimination, your employer cannot legally retaliate against you . This includes demotions, harassment, termination, or any adverse employment action because you raised a concern. Under Labor Code §1102.5 , you are protected from retaliation for reporting violations of the law. How Chami Law Can Help At Chami Law, we specialize in employment law, including age discrimination, retaliation, and wrongful termination. We understand the emotional and financial toll that workplace discrimination can cause - and we're here to support you every step of the way. You don't need to be fired to have a case. We help you evaluate your options before taking any action. There's no obligation to speak with us - just a confidential, free consultation. We've represented clients across industries who were overlooked, mistreated, or unfairly pushed out because of their age.  You Deserve to Be Treated Fairly No one should be judged or devalued because of their age. Whether you're exploring your options or ready to take action, Chami Law is here to guide you . Contact us today for a free and confidential consultation.

If you’re considering blowing the whistle on misconduct at your job, it’s crucial to understand your rights, the relevant laws - including California Labor Code 1102.5 - and how to protect yourself throughout the process. At Chami Law, we’re here to guide you through every step and help you evaluate your options with no obligation.

At Chami Law, we’ve seen firsthand how difficult it can be for employees to speak out about harassment or wrongdoing in the workplace. Taking action can feel daunting, especially when you fear retaliation or being labeled a “problem employee.” However, it’s crucial to protect yourself and ensure your concerns are addressed properly. Here’s what we recommend to anyone experiencing harassment or unfair treatment at work: The first thing we tell all our clients—and we emphasize this to anyone who comes to us with a workplace complaint—is to make sure they complain. That they are expressing their concerns to the right people, like human resources or their manager in writing. Ideally, this should be done via email or another method that creates a timestamped record. Clearly state what is happening, why you believe it’s wrong, and that you want it to stop. Unfortunately, the problem is that a lot of people hesitate to document their concerns because they don’t want to “rock the boat” or be considered the “problem employee,” who’s unwanted in the workplace. But the truth is, failing to speak up can weaken your case if things escalate later. A lot times we see situations where an employee lets the behavior continue unchecked, and when they finally do complain—sometimes after receiving a write-up or other disciplinary action—the employer tries to claim the complaint is retaliatory or dishonest. So, it’s best for someone if they can and feel strongly enough about it to document their concerns early and to the right people to protect them from these kinds of tactics. Now, let’s say you do take this step: you send a written complaint to HR or your manager, and their response is dismissive—something like, “There’s no evidence this happened.” What’s next? At this point, it’s time to get a lawyer involved. You’ve already put the company on notice about your concerns, documented the actions you’ve experienced, and provided details about when they occurred. If the company still refuses to take action, it’s important to reach out to a competent attorney for assistance. As you move forward, keep a close eye on how your work environment changes. Are they reducing your hours, criticizing your work more often, or giving you undesirable assignments? Have they demoted, suspended, or otherwise retaliated against you? If you notice any of these adverse actions, it’s likely the company is not following the law, and that’s where we come in. We’ll step in, send them a formal letter, file administrative complaints, and hold them accountable. Our goal is to make it clear where they’ve broken the law and push for justice. If the situation escalates to the point where you’re terminated, we can take further action to ensure you’re compensated for the harm you’ve suffered. Standing up to harassment or unfair treatment is never easy, but with the right documentation and support, you can protect yourself and hold employers accountable for their actions. At Chami Law, we’re here to help you every step of the way.

One of the most significant cases we have been working on at Chami Law is a sexual harassment case, where an employee had complained against her coworker, who had a history of sexually harassing several women at the workplace. He was a well-known gang member who had served ten years in prison for three felony charges. The employer, a publicly traded firm with a market capitalization of billions of dollars, did nothing in response to the concerns. The harassment continued, and when the employee spoke up again, the company disregarded her concerns claiming there was no evidence to support her complaints. Unfortunately, she made a mistake on the job—she slipped, fell, and got hurt due to her own mistake—and they used that as an excuse to fire her as it was “unsafe work behavior”. Meanwhile, the harasser, despite his history and multiple complaints about him, was being promoted. This case is one that we at Chami Law are dedicating significant time and energy to because of the blatant injustice that has been occurring. The company has clearly protected the harasser while ignoring the valid complaints of multiple women. It’s a stark example of how some companies turn a blind eye to harassment, enabling perpetrators instead of protecting victims. Sexual harassment cases like this are another key area that we focus on here at Chami Law, because they offer an opportunity to make a real difference. The #MeToo movement brought a lot of attention to these issues, and while some things have changed since the Harvey Weinstein scandal, many harmful practices persist. The real issue isn’t just the harassers themselves—they’re certainly at fault—but the companies that fail to meet their legal and moral obligations. Employers are required by law to investigate, take remedial action, and ensure harassment doesn’t continue. When they fail to do this, they become complicit. This is the mistake that a lot of people are making today, ignoring their responsibility to take action against these ongoing issues. These are the kinds of cases we prioritize, where harassment is evident, and the employer’s negligence exacerbates the harm. We work hard to achieve justice for our clients and ensure companies are held accountable for their failures.

At Chami Law, a particularly troubling case serves as a powerful example of employer misconduct and the lengths to which companies will go to manipulate the truth. This case involved an employee working on an assembly line who sustained a knee injury while on the job. Despite repeatedly voicing concerns and complaints about the worsening pain, his managers dismissed his claims, believing he was pretending to be injured. As the employee's pain intensified, management continued to ignore his requests for medical treatment, forcing him to endure unnecessary suffering. It was only when the pain became unbearable that the employer reluctantly allowed him to seek medical attention. Shockingly, the employer contacted the doctor's office beforehand, accusing the employee of faking the injury. The doctor, affiliated with the company, subsequently issued a misleading report that falsely stated the employee was uninjured. Relying on the skewed medical opinion, the employer forced the employee to return to work in severe pain. Refusing to accept the false diagnosis, the employee took matters into his own hands and independently sought an MRI, which revealed a severely sprained knee. Rather than acknowledging his injury and offering the necessary support, the employer's actions escalated into outright discrimination and the creation of a hostile work environment. Chami Law uncovered a deliberate pattern of misconduct: the employer had actively sought to taint medical reviews and manipulate evidence to discredit the employee. These biased reports were weaponized to accuse the worker of fraud and lay the groundwork for his wrongful termination. Through diligent investigation and unwavering commitment to uncovering the truth, Chami Law was able to dismantle the employer's false narrative. A pivotal moment in the case came when Chami Law presented critical evidence that exposed the employer's misconduct. The purported “star witness” — had secretly influenced medical opinions against the employee — was revealed to have played a central role in undermining the worker. This revelation not only altered the trajectory of the case but also vindicated the employee, whose struggles had been unjustly disregarded. The outcome was a life-changing settlement for the employee, who finally received justice for the mistreatment he endured. The case underscores Chami Law’s dedication to holding employers accountable for their unethical actions and ensuring that employees’ rights are protected. Chami Law remains steadfast in its mission to advocate for individuals who face discrimination, unfair treatment, and manipulation in the workplace. With a proven track record of uncovering the truth and fighting for justice, the firm stands ready to help those who need a voice. If you or someone you know has experienced workplace discrimination or misconduct, Chami Law is prepared to fight for the justice you deserve.