California Financial Industry Labor Law News

By .   Updated July 6, 2015

California Financial Industry Labor Law

Workers in California's financial industry may be eligible to file a lawsuit if their employer has violated their rights or broken any California labor laws, including wage and hour laws, overtime laws, discrimination laws, or OSHA or ERISA laws.

California Wage and Hour Laws

Depending on their job description and classification, employees in the financial industry may be eligible to file a lawsuit if they are not paid minimum wage and do not receive proper meal and rest breaks for their hours worked.

California Financial Worker Misclassification

Some California financial industry employees may be misclassified as exempt from overtime pay. This exemption is based not on the employee's job title, but on the actual duties performed and level of discretion exercised by the employee. Simply being called managerial or administrative is not enough to qualify the employee as exempt from overtime pay.

Many financial industry workers are entitled to overtime pay because they do not fall under the commissioned salesperson exemption or other overtime exemptions. Even if financial industry workers are classified as salaried or straight-commissioned employees, they may be eligible for overtime pay.

California Financial Industry Wrongful Termination

California financial industry workers may be victims of wrongful termination. Despite California being an at-will state, there are circumstances in which it is illegal to fire an employee. These include if the firing is based on discrimination, if it violates public policy, if it violates a contract, or if it is in retaliation for reporting illegal or unsafe activities on the part of the employer.

California Financial Industry Discrimination

Employees in California's financial industry may be subject to discrimination based on protected characteristics. These protected characteristics are based on sex, gender, age, religion, national origin, race, sexual orientation, disability or pregnancy. Discrimination can take the form of disparate impact (being singled out in some way because of the protected characteristic) or harassment (unwanted or negative conduct).

Financial industry employees may be eligible to file a lawsuit if their rights have been violated by their employer.

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