D.Law’s Emil Davtyan On Navigating California’s Labor And Employment Laws
In California, a large state with complex and incredibly variable forms of employment, there are equally varied and complex labor laws that employers must adhere to. In addition, constant legislative and voter actions reshape current statues and add new ones, leading to a sometimes difficult to understand legal landscape.
Luckily, dedicated attorneys like Emil Davtyan, founder and managing attorney at Southern California firm D.Law, are aiding business owners and employees with navigating the state’s various labor laws. Below, Davtyan offers need-to-know insights and important information for anyone seeking employment or employees.
Q: What were the most meaningful changes to labor and employment law and policy this year?
California’s labor and employment landscape continues to evolve, reflecting a strong commitment to protecting workers’ rights while addressing modern workplace realities. This year, several significant changes stand out. New legislation has expanded the scope of pay transparency, requiring employers to disclose salary ranges and maintain detailed pay data reports. This move aims to address wage disparities and promote equity. Additionally, updates to workplace safety regulations, particularly concerning heat-related illnesses for outdoor workers, underscore the state’s proactive stance on employee well-being. Changes in family and medical leave laws, including expanded definitions of family members, reflect an effort to accommodate diverse family dynamics. These shifts signal a broader trend toward inclusivity, equity and proactive worker protections.
Q: Can you discuss any trends in wage and hour lawsuits in California? What industries are seeing the most activity?
Wage and hour lawsuits remain a dominant theme in California’s employment law landscape, driven by the state’s stringent labor standards. Key trends include a rise in claims related to meal and rest break violations, off-the-clock work and misclassification of employees as independent contractors. Industries such as hospitality, retail, and logistics are particularly affected due to their reliance on hourly workers and high turnover rates. The gig economy also continues to be a focal point, with ongoing scrutiny of compliance with AB 5, which codified the “ABC test” for worker classification. As employers navigate these complexities, ensuring strict adherence to wage and hour laws is paramount to avoiding costly litigation.
Q: What are the biggest challenges employees face in bringing discrimination or harassment claims?
Employees often face significant hurdles when pursuing discrimination or harassment claims. Fear of retaliation, such as job loss or workplace ostracism, remains a major deterrent despite strong legal protections. Additionally, many employees struggle to gather sufficient evidence to support their claims, particularly in cases where the behavior is subtle or undocumented. Navigating internal complaint processes can also be challenging, as some employees lack trust in their employer’s ability to handle the matter impartially. Lastly, the emotional toll of reliving traumatic experiences while pursuing legal action cannot be underestimated. These challenges highlight the importance of clear employer policies, robust anti-retaliation measures and support systems for affected employees.
Q: What protections do employees have when reporting violations of labor laws or unsafe working conditions?
California law offers numerous protections for employees who report labor law violations or unsafe working conditions. Whistleblowers are safeguarded under statutes like the California Labor Code, which prohibits retaliation such as termination, demotion, or harassment. Employees also have the right to file complaints with agencies like Cal/OSHA or the California Labor Commissioner without fear of retribution. Beyond legal protections, these laws often include remedies for affected workers, such as reinstatement and back pay. To maximize protection, employees are encouraged to document their concerns and follow established reporting channels.
Q: Are you seeing an increase in class action lawsuits in the employment space? if so, in which areas?
Class action lawsuits continue to be a prominent feature of California’s employment law landscape, with notable growth in specific areas. Wage and hour disputes dominate, particularly claims involving misclassification, unpaid overtime, and meal and rest break violations. Privacyrelated class actions, stemming from violations of the California Consumer Privacy Act (CCPA) and the use of biometric data, are also on the rise. Industries with large, diverse workforces, such as retail, healthcare and logistics, tend to see the highest volume of class actions due to the systemic nature of these issues.
“As employers navigate complexities, ensuring strict adherence to wage and hour laws is paramount to avoiding costly litigation.”
— Emil Davtyan
Q: What steps should employees take if they believe their employer is violating labor laws?
Employees should first document the suspected violations, including dates, times, and any related communications or incidents. This evidence can be crucial if the issue escalates. Next, they should review their employee handbook or company policies to understand the appropriate reporting procedures. Reporting the issue internally to a supervisor, HR representative, or designated compliance officer is often the first step. If the matter is not addressed or if employees fear retaliation, they can file a complaint with the California Labor Commissioner or other relevant agencies. Consulting with an employment attorney is also advisable to understand their rights and legal options fully.
Q: What are some common mistakes that employees make when it comes to managing their rights in the workplace?
One common mistake is failing to document workplace concerns adequately. Employees should maintain detailed records of incidents, including timelines, communications, and relevant policies. Another misstep is hesitating to report violations due to fear or uncertainty. California’s robust anti-retaliation laws protect employees who speak up. Finally, employees sometimes misunderstand their rights under laws like the California Family Rights Act or paid sick leave statutes. Seeking guidance early - whether from HR, legal resources or an attorney - can help employees avoid pitfalls and effectively assert their rights.
Q: What should an employee do first if they feel they have been harassed or discriminated against in the workplace?
The first step is to document the behavior thoroughly, noting dates, times, specific actions, and any witnesses. Reviewing the company’s anti-harassment and discrimination policies is essential to understanding the reporting process. Employees should then report the behavior through the appropriate channels, such as their supervisor or HR department. If the issue remains unresolved or the employee feels unsafe reporting internally, filing a complaint with the California Civil Rights Department (CRD) is an option. Consulting with an employment attorney can provide additional guidance and ensure their rights are protected.
Q: How would you describe the current climate for employee whistleblowers in 2024?
California continues to foster a supportive environment for whistleblowers, backed by strong legal protections against retaliation. Recent legislative updates and court decisions reflect an acknowledgment of whistleblowers’ critical role in maintaining accountability and compliance. However, challenges remain, including subtle forms of retaliation and the burden of proving claims. While the legal framework is robust, fostering a culture of trust and transparency within organizations is equally important to empower whistleblowers to speak up without fear.
Q: What possible risks to employee rights do you project for next year?
Looking ahead, challenges to employee rights could stem from economic pressures, technological advances, and legislative changes. Economic uncertainties may lead some employers to cut corners on compliance, increasing risks of wage violations or unsafe working conditions. Advances in AI and monitoring technologies could also raise concerns about privacy and workplace surveillance. Additionally, efforts to amend laws like PAGA could impact employees’ ability to pursue collective legal action. Staying informed and proactive will be key for employees navigating these evolving risks.