Employment Law In Orange County California
- Feb 16, 2023
- 4 min read
StateInsights of Labor Law Governing Orange County And Why Finding Vetted Employment Lawyers Is Critical To The Outcome Of A Labor Dispute
Employment law is an essential and complex law that governs the relationship between employers and employees. As a result, many specific laws and regulations apply to employers and employees in Orange County, California.
This article will provide an overview of some critical aspects of employment law in Orange County, including examples, statistics, most significant settlements, and frequently asked questions.
Overview of Employment Law in Orange County
Employment law in Orange County California is regulated by federal and state laws and local ordinances. Some of the most important rules that employers and employees should be aware of include the following:
Fair Employment and Housing Act (FEHA): This California state law prohibits discrimination in employment based on race, color, religion, sex, national origin, disability, and age.
California Family Rights Act (CFRA): This state law provides eligible employees up to 12 weeks of unpaid leave per year for a child's birth, adoption, or foster care placement or for the employee's serious health condition.
California Labor Code: This state law sets minimum wage and overtime requirements for employees and establishes meal and rest breaks rules.
Americans with Disabilities Act (ADA): This federal law prohibits discrimination against individuals with disabilities in employment and requires employers to provide reasonable accommodations.
Examples Of Labor Disputes In Orange County California
Employment law in Orange County applies to various situations and can impact employers and employees. Here are a few examples of how employment law has been used in Orange County:
A group of housekeepers at the Ritz-Carlton Hotel in Laguna Niguel filed a lawsuit in 2012 alleging that they were not paid for all the time they spent working. The lawsuit was settled in 2018 for $1.6 million.
In 2017, a group of employees at Disneyland filed a lawsuit alleging that they were not paid the proper minimum wage and overtime. The case was settled for $3.5 million.
In 2018, a former Orange County Sheriff's Department employee filed a lawsuit alleging that she was subjected to sexual harassment and retaliation. The case was settled for $2.25 million.
Statistics Of Labor Disputes In Orange County
Statistics can provide insight into the prevalence and impact of employment law violations in Orange County. Here are a few key statistics:
The California Department of Fair Employment and Housing (DFEH) received 29,767 employment discrimination complaints in 2020.
In 2019, the DFEH received 7,619 complaints of sexual harassment in the workplace.
The California Labor Commissioner's Office reported that it recovered more than $37 million in unpaid wages and penalties for workers in Orange County in 2020.
Biggest Employment Law Settlements In Orange County
Employment law violations can result in significant financial penalties for employers. Here are a few of the most significant settlements in Orange County:
In 2016, grocery store chain Vons agreed to pay $8.8 million to settle a lawsuit alleging that it failed to provide meal and rest breaks to its employees.
In 2017, clothing retailer Forever 21 settled a lawsuit for $2.5 million, which alleged that it did not provide sufficient hours for employees to take meal and rest breaks.
In 2019, food manufacturer Windsor Foods agreed to pay $2.5 million to settle a lawsuit alleging that it failed to pay overtime and provide meal and rest breaks to its employees.
Frequent Questions About Employment Law In Orange County
Q. Are there any local employment laws or regulations that apply to Orange County?
A: Yes, there are local ordinances that apply to Orange County, such as the City of Santa Ana's Minimum Wage Ordinance, which sets a higher minimum wage than the state of California's minimum wage for employees who work within the city limits of Santa Ana.
Q. Can my employer require me to work overtime?
A: California law requires employers to pay non-exempt employees overtime pay for any hours worked in excess of 8 hours in a workday or 40 hours in a workweek, and for the first 8 hours worked on the seventh consecutive day of work in a workweek. However, in certain industries, such as healthcare, different rules may apply.
Q. What is the California Fair Pay Act?
A: The California Fair Pay Act requires employers to pay employees of different genders who perform "substantially similar work" equal wages. This law also prohibits employers from retaliating against employees who seek to enforce their rights under the Act.
Q. What is the California Family Rights Act (CFRA)?
A: The California Family Rights Act (CFRA) provides eligible employees with up to 12 weeks of unpaid leave per year for the birth, adoption, or foster care placement of a child, or for the employee's own serious health condition.
Find Vetted Employment Attorneys in Orange County, California
Over the years, several high-profile attorney discipline cases have been reported in Orange County. One of the most notable cases was that of attorney Michael Avenatti, who gained national attention as the lawyer for adult film star Stormy Daniels in her lawsuit against former President Donald Trump. In 2019, Avenatti was charged with wire fraud, bank fraud, and extortion, and in 2020, he was disbarred by the State Bar of California.
Another notable case was that of attorney Kent Easter, who was disbarred in 2016 after he was convicted of planting drugs in the car of a school volunteer. Easter was sentenced to six months in jail and ordered to pay restitution to the victim.
In recent years, the State Bar of California has increased its efforts to hold attorneys accountable for misconduct. In 2018, the California Supreme Court adopted new rules that make it easier for the State Bar to discipline attorneys who engage in sexual harassment or other forms of misconduct.
In conclusion, attorney discipline cases in Orange County, California, serve as a reminder of the importance of upholding ethical standards in the legal profession. To find vetted employment lawyers in Orange county, request an unbiased lawyer referral by submitting your case details. A pre-screened employment lawyer will be assigned to review your case at no cost. You'll get an answer within 10 minutes after submitting your labor claim online.
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