Examples of workplace disputes covered by employment laws

If you are an employer in California, you need to be aware of the various federal and state laws that govern your relationship with your employees. These laws cover a wide range of issues, such as wages, hours, discrimination, harassment, retaliation, leaves of absence and more.

Violating these laws can expose you to lawsuits, labor actions and employee problems. In this post, we will give examples of workplace disputes that are covered by both federal and state law.

Wage and hour disputes

One of the most common types of workplace disputes involves wage and hour issues, such as minimum wage, overtime pay, meal and rest breaks, etc. Both federal and state laws set minimum standards, but California law is more favorable to employees.

For example, the federal minimum wage is $7.25 per hour, while the California minimum wage is $15 per hour for employers with 26 or more employees and $14 per hour for employers with 25 or fewer employees (as of 2023). Similarly, federal law requires overtime pay for hours worked over 40 in a week, while California law requires overtime pay for hours worked over 8 in a day, 40 in a week and double pay for hours worked over 12 in a day or 8 on the seventh consecutive day of work.

Discrimination and harassment disputes

Another common dispute involves discrimination based on protected characteristics, such as race, color, national origin, sex, gender identity, sexual orientation, pregnancy, disability, age, religion, marital status, military status or genetic information. Both federal and state laws prohibit employers from discriminating against or harassing employees or applicants.

California law provides broader protection than federal law in some respects.

For example, California law applies to employers with five or more employees (or one or more employees for harassment claims), while federal law applies to employers with 15+ employees (20+ for age discrimination). Additionally, California law recognizes more protected characteristics, like gender expression, gender identity, sexual orientation and medical condition.

Retaliation and whistleblower disputes

A third type of workplace dispute involves retaliation and whistleblower issues. This happens when you take a negative employment action against an employee for engaging in protected activity. This includes reporting or opposing unlawful conduct, participating in an investigation or lawsuit, requesting reasonable accommodation, etc.

Both federal and state laws prohibit employers from retaliation. However, California law provides stronger protection than federal law in some respects.

For example, California law protects employees who report violations of any state or federal statute, regulation or rule to a supervisor, government agency or a public body, while federal law generally protects employees who report violations of specific laws, like securities regulation, etc.