$6.8M
San Bernardino County wage and hour class action settlement: a class of employees alleged their employer failed to pay wages owed and sought related penalties.
Employment
California Employment Lawyers
Fired after reporting a problem? Paid less than you earned? Harassed or passed over because of who you are? Wilshire Law Firm represents workers across California in wrongful termination, discrimination, harassment, retaliation, wage and hour and leave cases. We gather the pay records, messages and timing that show what happened and hold employers to California’s worker protections. Talk to a legal professional 24/7 — no fees unless you get paid.
- $3B+RECOVERED
- 7X"BEST LAW FIRM" AWARDS
- 24/7AVAILABILITY & SUPPORT
- 500+LEGAL PROFESSIONALS
Key Takeaways
- Deadlines: discrimination, harassment and retaliation claims start with a complaint to the California Civil Rights Department within three years, followed by a lawsuit within one year of the right-to-sue notice (Gov. Code §§12960(e)(5), 12965(c)(1)(D)). Unpaid wage claims generally have three years, or four when brought as an unfair business practice (Code Civ. Proc. §338; Bus. & Prof. Code §17208).
- Wages: overtime is owed after 8 hours in a day or 40 in a week (Lab. Code §510); each workday a required meal or rest break is missed earns one extra hour of pay (§226.7); and a late final paycheck can add up to 30 days of wages (§203).
- Firing: most jobs are at will, but an employer cannot fire you because of a protected characteristic, for complaining about discrimination or harassment, for reporting what you reasonably believe is a violation of law or for taking protected leave (Lab. Code §§1102.5, 2922; Gov. Code §12940).
- Disability and leave: employers must reasonably accommodate a known physical or mental disability (Gov. Code §12940(m)), and employers with five or more employees must give eligible employees up to 12 weeks of job-protected family and medical leave (§12945.2).
- Independent contractors: a worker is treated as an employee unless the business proves all three parts of the ABC test, so a 1099 label alone does not settle it (Lab. Code §2775).
- Your rights and costs: these protections apply regardless of immigration status (Lab. Code §1171.5), and in discrimination and harassment cases a court can order the employer to pay a winning worker’s attorney’s fees (Gov. Code §12965(c)(6)).
Understanding Your Employment Case
Explore essential resources on your rights, your options, and what to expect — everything you need to navigate the legal process, all in one place.
Start with the page for what happened to you:
- Losing your job: wrongful termination for an illegal reason, such as discrimination, a complaint you made or leave you took
- Discrimination: discrimination based on race, sex, age, religion, national origin, sexual orientation or another protected characteristic, and disability discrimination, including a refusal to reasonably accommodate a disability
- Harassment: sexual harassment and workplace harassment by supervisors or coworkers
- Retaliation and whistleblowing: retaliation for reporting harassment, unsafe conditions or illegal conduct, and False Claims Act cases for reporting fraud against the government
- Pay: unpaid wages and overtime, missed meal and rest breaks, off-the-clock work and late final paychecks; unequal pay for substantially similar work; and misclassification as an independent contractor
- Leave and benefits: leave violations, including family, medical and pregnancy leave, and ERISA claims over denied retirement, health or disability benefits
- Protected characteristics: an employer cannot discriminate based on race, religious creed, color, national origin, ancestry, physical or mental disability, reproductive health decisionmaking, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation or veteran or military status (Gov. Code §12940(a)).
- Harassment by anyone at work: employers are responsible for harassment by supervisors, and for harassment by coworkers when they knew or should have known about it and failed to take immediate corrective action (Gov. Code §12940(j)).
- Pregnancy: an employer cannot refuse leave to an employee disabled by pregnancy, childbirth or a related medical condition (Gov. Code §12945).
- Equal pay: an employer cannot pay employees less than employees of another sex for substantially similar work (Lab. Code §1197.5).
- Group claims: the Private Attorneys General Act lets an aggrieved employee pursue civil penalties for Labor Code violations on behalf of coworkers as well (Lab. Code §2699).
Most cases follow one of three paths, depending on the claim:
- Discrimination, harassment and retaliation: the case starts with a complaint to the California Civil Rights Department. If the department does not bring its own case, it issues a right-to-sue notice, on request or when its investigation ends, and you then have one year to file a lawsuit (Gov. Code §§12960, 12965).
- Unpaid wages: a wage claim can go to the Labor Commissioner, who investigates and can hold a hearing to recover wages and penalties (Lab. Code §98), or to court, sometimes on behalf of a whole group of employees.
- Penalties for coworkers too: before a Private Attorneys General Act case is filed, the employee gives written notice to the state Labor and Workforce Development Agency and to the employer. If the agency does not respond within 65 days, or declines to investigate, the employee can sue (Lab. Code §2699.3).
Along the way, evidence is preserved early, including pay records, schedules, emails and texts, and many cases resolve through negotiation or mediation before trial. Many employers also require employees to sign arbitration agreements, which can move a case out of court, so bring any agreement you signed to your case review.
Results for workers we have represented include $15,000,000 and $12,000,000 for employees denied legally required meal and rest breaks, $9,500,000 and $8,900,000 in other wage and hour cases, and $2,000,000 and $1,700,000 in wrongful termination cases. Past results do not guarantee a similar outcome.
Meet Our Employment Attorneys
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Our award-winning attorneys have recovered billions for clients while taking on insurance companies and major corporations.
Learn more about the team
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John G. Yslas, Esq.Senior Partner, Chair of the Employment Wage & Hour Class Action Department
Mary Lee Caruso, Esq.Senior Partner
Tyler J. Woods, Esq.Senior Partner
Arrash Fattahi, Esq.Partner
Benjamin Haber, Esq.Partner
Nicol Hajjar, Esq.Partner
Diego Aviles, Esq.Junior Partner
Jeffrey Bils, Esq.Junior Partner
Emily Borman, Esq.Junior Partner
Jose Maria D. Patino, Jr., Esq.Junior Partner
Christina M. LeJunior Partner
William M. Pao, Esq.Junior Partner
Eugene Zinovyev, Esq.Junior PartnerRecent wins
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$5.5M
Oakland wage and hour class action settlement: senior living facility employees alleged unpaid wages, meal and rest break violations and unreimbursed expenses in class and representative claims.
$4.0M
Hawthorne wage and hour class action settlement: a manufacturer's hourly employees alleged missed rest breaks, short or late meal periods and unpaid wages, plus unreimbursed work expenses.
$3.9M
Newport Beach wage and hour class action settlement: hourly manufacturing plant employees alleged late and interrupted meal and rest breaks and sought unpaid premium pay.
$3.5M
Camarillo wage and hour class action settlement: hourly employees alleged meal and rest period violations and sought unpaid wages plus the related premiums.
$3.5M
Alameda County wage and hour class action settlement: hourly workers at a security systems company alleged unpaid wages and meal and rest period violations, and sought break premiums.
$3.3M
Irvine wage and hour class action settlement: hourly employees of a products company alleged they were denied compliant meal and rest breaks and sought premium pay and expense reimbursement.
$3.1M
Torrance wage and hour class action settlement: retail store employees alleged unpaid wages and meal and rest period violations, seeking final pay, waiting-time penalties and expense reimbursement.
$3.0M
Thousand Oaks wage and hour class action settlement: a manufacturer's employees alleged unpaid pre-shift work and noncompliant meal and rest breaks, seeking break premiums and expense reimbursement.
$3.0M
Orange County wage and hour class action settlement: a healthcare employer's hourly workers alleged unpaid overtime and meal and rest break violations and sought premium pay and expense reimbursement.
$3.0M
San Diego wage and hour class action settlement: hourly employees alleged unpaid wages and break violations, pursuing meal and rest period premiums and repayment of work costs.
$2.8M
Riverside County wage and hour class action settlement: a restaurant franchise's hourly workers alleged unpaid wages and meal and rest period violations and sought to recover their work expenses.
$2.8M
Brentwood wage and hour class action settlement: an education provider's hourly staff alleged unpaid wages and meal and rest period violations and sought premium pay and expense reimbursement.
$2.5M
San Francisco County wage and hour class action settlement: hourly campus employees sought unpaid wages and work expense reimbursement, alleging meal and rest period violations.
$2.5M
San Jose wage and hour class action settlement: hourly car dealership employees alleged they were underpaid, denied proper meal and rest periods and not reimbursed for work expenses.
$2.5M
San Francisco County wage and hour class action settlement: hourly clinic staff alleged off-the-clock work, meal and rest period violations, unpaid premiums and unreimbursed work expenses.
$2.5M
San Leandro wage and hour class action settlement: hourly employees alleged unpaid overtime, unpaid wages and meal and rest period violations, and claimed break premiums and out-of-pocket costs.
$2.4M
Orange County wage and hour class action settlement: restaurant employees alleged a franchise operator failed to provide legally required meal and rest breaks or pay the premiums owed.
$2.2M
Los Angeles wage and hour class action settlement: hourly hospital employees alleged their employer failed to provide meal periods required by California law.
$2.1M
San Diego County wage and hour class action settlement: franchise restaurant workers alleged unpaid off-the-clock work, late meal and rest breaks without premium pay, and unreimbursed work gear.
$2.0M
Alameda County wrongful termination settlement: an employee who reported a coworker's harassment and helped a colleague file a complaint alleged being fired months later. The employer cited a layoff.
$2.0M
Tulare wage and hour class action settlement: food processing employees alleged interrupted rest breaks without premium pay and no reimbursement for personal phones used for work.
$2.0M
Watsonville wage and hour class action settlement: hourly workers at an agricultural company alleged unpaid overtime, interrupted lunches and missing rest breaks during long shifts.
$1.6M
Barstow wage and hour class action settlement: hourly workers at a vehicle-services business alleged unpaid off-the-clock time, meal and rest break violations and unreimbursed uniform costs.
$1.0M
Los Angeles County workplace retaliation settlement: an employee alleged being fired weeks after reporting harassment and wage violations. The employer said the position was eliminated.
$910K
Gardena wage and hour class action settlement: hourly employees alleged they were denied meal and rest breaks without premium pay and had to cover supplies and phone costs.
$825K
Oakland leave of absence settlement: a worker who had come back from approved medical leave was later fired and alleged retaliation and wrongful termination by the employer.
$750K
Woodland workplace harassment settlement: a worker alleged sexual harassment and discrimination, and that supervisors took no action on repeated complaints before the worker was forced to quit.
$750K
Los Angeles leave of absence settlement: an employee let go while on approved medical leave alleged disability discrimination and wrongful termination. The employer cited restructuring.
$675K
Carson workplace discrimination settlement: an office employee who was let go alleged discrimination and harassment at work and brought a wrongful termination claim against the employer.
$650K
Los Angeles leave of absence settlement: a worker fired while on medical leave brought claims against the employer, alleging disability discrimination and wrongful termination.
$500K
Santa Ana workplace retaliation settlement: an employee alleged being let go after reporting inappropriate conduct by a manager. The company called it a layoff.
$500K
Fresno workplace retaliation settlement: an employee alleged being fired after an ethics complaint about patient privacy violations. The claims included discrimination and wrongful termination.
$500K
Commerce leave of absence settlement: an employee on approved medical leave alleged being fired weeks before a scheduled return, with no prior warnings. The claims included disability discrimination.
$500K
Morgan Hill disability discrimination settlement: an employee alleged being let go during medical treatment after a request for remote work was refused. The employer cited hardship.
$500K
Los Angeles County disability discrimination settlement: an employee alleged being fired for requesting more medical leave while coworkers were already covering the work. The employer cited hardship.
$425K
Anaheim disability discrimination settlement: an employee facing medical treatment alleged being fired in retaliation within two weeks of complaining about a manager, despite no write-ups.
$395K
Riverside disability discrimination settlement: an employee alleged being fired after asking to extend medical leave. The employer said the leave was exhausted.
$340K
Santa Clara County wrongful termination settlement: an employee alleged being fired after complaining to human resources about a manager. The employer raised performance concerns after the complaint.
$325K
Lake County workplace discrimination settlement: an employee alleged being fired days after requesting an accommodation. The claims included disability discrimination and retaliation.
$260K
California workplace discrimination settlement: an employee alleged the employer denied reasonable accommodations and then ended the job, bringing discrimination and wrongful termination claims.
$250K
Bakersfield leave of absence settlement: an employee on doctor-ordered medical leave alleged being fired during the leave. The termination letter gave no reason.
$225K
Campbell wrongful termination settlement: an employee who sought a medical accommodation alleged being fired in retaliation days after human resources closed a harassment complaint.
$220K
Signal Hill wage and hour class action settlement: employees alleged they missed meal and rest breaks without receiving premium pay and were not paid for all time worked.
$200K
Hemet wage and hour class action settlement: hourly thrift store employees alleged meal and rest period violations, seeking premium pay, cell phone expense reimbursement and PAGA penalties.
$185K
Shasta County wage and hour settlement: an employee brought a representative claim on behalf of healthcare employees, alleging meal and rest period violations, unpaid wages and unreimbursed expenses.
$176K
Newport Beach wrongful termination settlement: a restaurant employee alleged being fired after reporting a coworker's sexual harassment. The employer claimed a layoff but brought that coworker back.
$175K
San Francisco disability discrimination settlement: an employee with disabling medical conditions alleged being denied accommodations and wrongfully terminated from a salaried position while disabled.
$174K
Tulare County disability discrimination settlement: an employee on medical leave alleged being fired while still disabled and awaiting further treatment. The employer cited a single write-up.
$170K
Torrance wrongful termination settlement: a care facility employee alleged being fired the same day the employee reported medication handling concerns and racial mistreatment to corporate.
$125K
Downey leave of absence settlement: an employee alleged being fired while on medical leave after a warning that filing for protected leave would lead to termination.
$125K
Sacramento County disability discrimination settlement: an employee on intermittent medical leave alleged being fired because of a medical condition and age. The claims also included retaliation.
$116K
San Diego wage and hour settlement: a restaurant employee alleged unpaid overtime from edited time sheets and straight-time pay for extra hours, plus missed meal and rest breaks.
$100K
Victorville wage and hour class action settlement: hourly restaurant employees alleged their employer left wages unpaid, violated meal and rest period rules and did not reimburse work expenses.
*Past results do not guarantee similar outcomes. Each case is unique and evaluated on its own facts.
Do I Have an Employment Claim?
Most claims come down to two questions: did your employer take action against you, or fail to pay you something the law requires, and was the reason or the practice unlawful? Firing, demotion, cut hours, a hostile workplace, unpaid overtime and missed breaks can all qualify when they are tied to discrimination, harassment, retaliation, leave or wage laws. Timing often tells the story: discipline soon after a complaint, a leave request or a pregnancy announcement is common evidence of retaliation. Save pay stubs, schedules, texts and emails before you lose access to them.
Start Your Free Employment Case Review
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Record-breaking results
Winners of #1 Settlements in California
Our attorneys have recovered billions of dollars, including some of the biggest settlements in California.
17#1 Settlements in California, 2022–2024*
TopVerdict #1TopVerdict.com #1 settlements
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#1 Truck v. Pedestrian Accident Settlement
2024
#1 Multi-Vehicle Accident Settlement
2024
#1 Equipment Malfunction Settlement
2024
#1 Car v. Stationary Object Collision Settlement
2024
#1 Bus v. Passenger Accident Settlement
2024
#1 Whistleblower Retaliation Settlement
2023
#1 Underinsured Motorist Settlement
2023
#1 Slip & Fall Accident Settlement
2023
#1 Negligent Security Settlement
2023
#1 Ladder Accident Settlement
2023
#1 Hotel Premises Liability Settlement
2023
#1 Car v. Car Collision Settlement
2023
#1 Bicycle Accident Settlement
2023
#1 Pregnancy Discrimination Settlement
2022
#1 Age/Disability Discrimination Settlement
2022
#1 Wrongful Termination Settlement
2022
#1 Meal & Rest Breaks Settlement
2022
*#1 settlements in California have been awarded by TopVerdict.com. Past results do not guarantee similar outcomes.
Employment FAQs
Our Most Frequently Asked Questions
We've answered the most common ones below. If yours isn't here, call us — we're available 24/7.
- California discrimination, harassment and retaliation (FEHA): three years to file with the Civil Rights Department, then one year from the right-to-sue notice to file a lawsuit (Gov. Code §§12960(e)(5), 12965(c)(1)(D)).
- California unpaid wages: generally three years (Code Civ. Proc. §338), or four when brought as an unfair business practice (Bus. & Prof. Code §17208).
Other claims, such as those against public employers, can have much shorter deadlines.
Most jobs are at will, meaning either side can end the employment without a stated reason (Lab. Code §2922). But an employer cannot fire you for an unlawful reason: because of a protected characteristic, because you complained about discrimination or harassment, because you reported a violation of law, because you took protected leave or in violation of a written contract. If the firing followed closely after one of those events, the timing itself can be evidence.
It depends on the claim. Wrongful termination and discrimination cases can recover lost wages and benefits, future lost earnings and compensation for emotional distress, and punitive damages when there is clear and convincing evidence of malice, oppression or fraud (Civ. Code §3294). Wage cases recover the unpaid amounts plus penalties set by statute, such as an extra hour of pay for each missed meal or rest break and up to 30 days of wages for a late final paycheck in California.
Nothing up front. Wilshire Law Firm works on contingency, so there are no fees unless you get paid. In California discrimination and harassment cases, a court can also order the employer to pay a winning worker's attorney's fees and costs (Gov. Code §12965(c)(6)).
In California, workers' rights and remedies under state labor, employment and civil rights laws apply regardless of immigration status (Lab. Code §1171.5). The main exception is reinstatement where federal law prohibits it. You can recover unpaid wages and pursue discrimination and retaliation claims like any other worker.
Write down what happened, with dates and names, while it is fresh. Keep copies of pay stubs, schedules, performance reviews, texts and emails that you are allowed to keep. If you complain internally, do it in writing. Do not sign a severance agreement or release before having it reviewed, because it may waive your claims. Then have your deadlines checked, since they differ by claim.
Yes. Wilshire Law Firm also represents employees in Oregon and Washington, where the laws, agencies and filing deadlines are different from California's. Our Oregon employment lawyers and Washington employment lawyers pages explain your rights in those states.