Employment Lawyers in San Marcos

California disabled employees are protected by the federal ADA (15+ employees) + state law — employers must engage in interactive process + provide reasonable accommodations unless undue hardship.

California workers age 40+ are protected by the federal ADEA + state law from age discrimination — but the Supreme Court's Gross v. FBL standard requires "but-for" causation, making cases harder than other discrimination claims.

California follows the at-will employment rule — either side can end employment for any reason or no reason. California recognizes the public policy, implied contract exceptions.

California employee handbooks can create implied contracts limiting at-will employment — but proper disclaimers preserve at-will status. NLRA also restricts certain handbook policies for employees.

California equal-pay law combines federal Equal Pay Act + Title VII with state-level pay-equity statutes — many of which are stronger than federal law (CA, NY, MA, WA, others).

Federal FMLA gives eligible employees 12 weeks of UNPAID leave for qualifying family and medical reasons. California's state-level paid leave: Paid Family Leave (PFL) — up to 8 weeks at 60-70% wages; State Disability Insurance (SDI) for own serious health condition.

California hostile work environment claims require severe + pervasive conduct based on protected status — but post-2024 EEOC guidance has lowered some threshold standards.

California worker classification: ABC test (AB 5, 2019) — strict; many exemptions added. Misclassification as independent contractor (1099) instead of employee (W-2) creates substantial liability for employers + lost rights for workers.

California LGBTQ+ employment discrimination is illegal under federal Title VII (per Bostock v. Clayton County 2020) + many state laws — sexual orientation + gender identity protected as "sex" discrimination.

California minimum wage: $16.

California effectively bans non-competes for most workers.

California non-solicitation agreements: Customer non-solicits generally void; employee non-solicits void since AMN Healthcare (2018).