California Employment Attorneys

At DearLegal, we connect you with experienced California employment attorneys who handle FEHA discrimination, wrongful termination, retaliation, wage-and-hour, PAGA, and non-compete claims for workers across Los Angeles, San Francisco, San Diego, San Jose, Sacramento, and the Central Valley. Whether you're facing a tech termination, a healthcare retaliation, a misclassification dispute, or a severance offer, we'll match you with the right attorney — at no cost.

The Fair Employment and Housing Act (Gov. Code § 12940) covers more protected classes than federal Title VII, applies to smaller employers (5+ for discrimination, 1+ for harassment), gives 3 years to file with the CRD (vs. 180/300 days for the EEOC), and has no compensatory or punitive damages caps. For most California workers, FEHA is the primary path.

Race, color, ancestry, national origin, religion, age (40+), disability, medical condition, genetic information, sex (including pregnancy, childbirth, breastfeeding, and related medical conditions), gender, gender identity, gender expression, sexual orientation, marital status, military and veteran status, AIDS/HIV, and reproductive health decision-making. Some local ordinances (San Francisco, Los Angeles, Oakland) add height, weight, and other protected categories.

No. Bus. & Prof. Code § 16600 voids any contract that restrains a person from engaging in a lawful profession, trade, or business. Narrow exceptions exist for the sale of a business, dissolution of a partnership, or termination of an LLC interest. SB 699 / AB 1076 (effective 2024) extended the prohibition to non-competes signed in other states and now require employers to notify current and former California employees that any existing non-competes are void.

The Private Attorneys General Act (Lab. Code § 2698) lets employees sue for Labor Code civil penalties on behalf of themselves, other employees, and the state. After a 2024 reform, the worker keeps 35% of penalties (up from 25%) and the state takes 65%. PAGA is widely used for wage-and-hour, meal-break, rest-break, wage-statement, and misclassification violations.

AB 5 (Lab. Code § 2750.3) adopted the ABC test from Dynamex Operations West v. Superior Court. A worker is presumed an employee unless the hiring entity proves: (A) the worker is free from control; (B) the work is outside the usual course of the hiring entity's business; and (C) the worker is customarily engaged in an independently established trade. Many industries (gig, trucking, professional services) have specific carve-outs.

Daily overtime at 1.5x after 8 hours and 2x after 12 hours; 1.5x after 40 hours weekly. Double-time also applies after 8 hours on the seventh consecutive day worked (Lab. Code § 510). Meal-break (every 5 hours) and rest-break (every 4 hours) premiums (1 hour's pay each) apply when employers don't provide compliant breaks (Lab. Code § 226.7).

Not without legal review. With FEHA's 3-year filing window, broad protected classes, no damage caps, and PAGA claims, California severance offers often dramatically undervalue the claims being released. ADEA releases require 21 days to consider (45 for group RIFs) and 7-day revocation. Silenced California Voices Act (SB 331, 2022) prohibits NDAs that prevent discussion of unlawful workplace conduct.

Why Do You Need a Employment Attorney in California?

California's Fair Employment and Housing Act (Gov. Code § 12940 et seq.) is the broadest state anti-discrimination law in the country, covering 18+ protected categories including race, color, ancestry, national origin, religion, age (40+), disability, sex (including pregnancy, childbirth, breastfeeding, and related conditions), gender (including gender identity and expression), sexual orientation, marital status, military/veteran status, genetic information, AIDS/HIV, and reproductive health decision-making. Employers with 5+ employees are covered (1+ for harassment claims). The filing deadline with the California Civil Rights Department (CRD, formerly DFEH) is 3 years (extended from 1 year by AB 9 in 2020), and lawsuits must be filed within 1 year of receiving a right-to-sue. California is at-will but recognizes a robust public-policy exception (Tameny). Non-competes are void under Bus. & Prof. Code § 16600 with very narrow exceptions, and SB 699 / AB 1076 (2024) make them void even when entered out of state. Wage claims include PAGA (Private Attorneys General Act, Lab. Code § 2698), AB 5 contractor classification (ABC test), daily overtime after 8 hours, double-time after 12 hours, and meal/rest break premiums. California minimum wage is $16.00/hour (2024), higher in some cities (LA $17.28, SF $18.67).

When Do You Need a Employment Attorney in California?

Our network includes California employment attorneys who handle every kind of case, including:

Types of Employment Cases in California

From the moment you connect with a California employment attorney, they go to work protecting your claim. The most common case types we handle:

Missing the 3-year CRD deadline or the 1-year sue-after-right-to-sue deadline

Signing a California severance release without review — FEHA has no damage caps, so the claims released are often worth far more than the severance

Talking to HR without writing a follow-up email summarizing the conversation

Not preserving emails, Slack, and texts before access is cut off

Posting on social media (Instagram, LinkedIn, TikTok) about the dispute — California discovery will find it

Accepting a final paycheck with a general release stamp — § 206.5 prohibits this but employers still try

Missing the 3-year CRD deadline or the 1-year sue-after-right-to-sue deadline

Signing a California severance release without review — FEHA has no damage caps, so the claims released are often worth far more than the severance

Talking to HR without writing a follow-up email summarizing the conversation

Not preserving emails, Slack, and texts before access is cut off

Posting on social media (Instagram, LinkedIn, TikTok) about the dispute — California discovery will find it

Accepting a final paycheck with a general release stamp — § 206.5 prohibits this but employers still try

Common California Employment Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do California Employment Attorneys Cost?

33%

Typical starting contingency fee — you pay nothing unless your attorney recovers compensation for you.

California employment attorneys work on contingency or hybrid arrangements — typically 33% to 40% of recovery, often higher (40%+) if trial is required. FEHA, Labor Code (§ 218.5 / § 1194), PAGA, and federal employment statutes all shift attorney fees to the employer when the worker prevails. With no FEHA damage caps and PAGA civil penalties on top, fee-shifting is a powerful equalizer.

What Can Your California Employment Compensation Include?

Back Pay

Lost wages and benefits from termination to judgment. Uncapped under FEHA, Title VII, and California Labor Code.

Front Pay

Future lost earnings when reinstatement isn't feasible. Awarded in lieu of reinstatement. Uncapped under FEHA.

Compensatory Damages (No FEHA Cap)

Emotional distress and out-of-pocket losses. FEHA imposes NO damage cap, unlike federal Title VII's $50K–$300K. This is one of the biggest reasons to litigate under FEHA.

Punitive Damages

Available under FEHA for malicious, oppressive, or fraudulent conduct (Civ. Code § 3294). No statutory cap, though due-process ratios from State Farm v. Campbell apply. Federal Title VII / ADA punitives capped at $50K–$300K.

Liquidated / PAGA Penalties / Waiting-Time

Lab. Code § 203 waiting-time penalties (up to 30 days' wages), § 226 wage-statement penalties, § 1194 overtime liquidated damages, FLSA liquidated damages, ADEA willful doubling, and PAGA civil penalties (§ 2699 — 35% to the worker post-2024 reform).

Attorney Fees and Costs

Prevailing employees recover reasonable attorney fees and costs under FEHA, Lab. Code § 218.5 / § 1194, PAGA, Title VII, ADA, ADEA, FLSA, and FMLA. Often the largest single component in a modest-damages case.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

California Employment Attorneys

Why Do You Need a Employment Attorney in California?

When Do You Need a Employment Attorney in California?

Types of Employment Cases in California

Common California Employment Mistakes

How Much Do California Employment Attorneys Cost?

What Can Your California Employment Compensation Include?

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