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Employment Lawyer in Burbank, California

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What Burbank Workers Need to Know About California Employment Law

If something at work has gone wrong, California law likely gives you more protection than you realize. The California Fair Employment and Housing Act (FEHA) covers more protected categories than federal law, applies to employers with as few as five employees for discrimination claims, and applies to every California employer for harassment claims regardless of size. Workers have three years from the date of a discriminatory act to file a complaint with the California Civil Rights Department (CRD), which is substantially longer than the federal window. California’s minimum wage is $16.50 per hour as of January 1, 2025, and the state’s Labor Commissioner’s Office actively investigates and cites employers for wage theft. The clock on your rights is running, but in California you have more time and more options than most workers know.

How California's FEHA Covers Burbank Workers

Who FEHA Protects

FEHA is the primary California statute prohibiting discrimination, harassment, and retaliation in the workplace. Its reach is broader than federal law in two important ways: the categories it protects and the employer sizes it covers.

For discrimination claims, FEHA applies to any employer with five or more employees. For harassment claims, there is no size threshold. Every California employer is covered, including sole proprietors with a single worker.

FEHA prohibits adverse employment actions based on:

  • Race, color, national origin, and ancestry
  • Religion
  • Sex, including pregnancy, childbirth, and related medical conditions
  • Sexual orientation, gender identity, and gender expression
  • Age (40 and older)
  • Disability and medical condition
  • Genetic information
  • Marital status
  • Military or veteran status

 

Several of these categories, including gender expression, marital status, and ancestry, are not covered by federal Title VII. A Burbank worker whose federal claim fails on coverage grounds may still have a viable FEHA claim.

 

FEHA Protects You Regardless of Immigration Status

FEHA applies to all California workers regardless of citizenship or immigration status. The CRD does not inquire about immigration status when a complaint is filed. Undocumented workers in Burbank have the same right to file a discrimination or harassment complaint as any other worker. This is a meaningful distinction from federal law and one that matters in a city with a diverse workforce.

Common Claims an Employment Lawyer in Burbank Handles

Workplace Discrimination

A discrimination claim arises when an employer takes an adverse action against an employee because of a FEHA-protected characteristic. Common patterns include being passed over for promotion after disclosing a disability, being paid less than colleagues of a different national origin for equal work, or being fired shortly after announcing a pregnancy. For discrimination claims, the employer must have five or more employees.

If you believe you have been treated differently because of one of the categories listed above, an employment discrimination attorney in Burbank can evaluate whether the facts support a FEHA claim and advise on next steps before your filing window closes.

 

Workplace Harassment

Harassment under FEHA involves unwelcome conduct based on a protected characteristic that is either severe (a single serious incident) or pervasive (a pattern of lesser conduct that together creates a hostile work environment). Harassment and discrimination are legally distinct claims under FEHA and can be filed together. Because every California employer is covered for harassment claims, a Burbank worker at a small family business has the same protections as a worker at a major studio or hospital.

Sexual harassment is one of the most frequently litigated forms. The sexual harassment lawyers in Burbank at Setareh Law Group handle both hostile work environment and quid pro quo claims under FEHA.

 

Retaliation

FEHA retaliation protection is not limited to termination. The statute prohibits pay cuts, demotions, and reassignments to less desirable positions when taken because an employee exercised a protected right. Protected activity includes reporting harassment internally, requesting a reasonable accommodation for a disability, filing a wage complaint with the Labor Commissioner, or cooperating with a CRD investigation.

Illustrative scenario: A Burbank warehouse worker reports to HR that her supervisor has been making repeated comments about her age. Two weeks later, she is reassigned to a night shift with lower pay. No formal termination occurs. This reassignment and pay cut, if causally connected to the complaint, constitute actionable retaliation under FEHA even though she still has a job. This is a pattern the firm sees regularly: employers who stop short of firing a worker but make continued employment untenable.

If you were disciplined, demoted, or pushed out after reporting a problem at work, the wrongful termination lawyers in Burbank at Setareh Law Group can assess whether constructive discharge or retaliatory adverse action applies to your situation.

 

Wage and Hour Violations

California’s statewide minimum wage is $16.50 per hour effective January 1, 2025, for all employees regardless of employer size. It is scheduled to increase to $16.90 per hour on January 1, 2026. Paying below either threshold is wage theft, and the Division of Labor Standards Enforcement (DLSE), also called the Labor Commissioner’s Office, actively investigates and cites employers for violations.

One of the most common wage violations in Burbank and the broader Los Angeles area is misclassification. Employers sometimes label workers as “managers” or “independent contractors” to avoid paying overtime or benefits. Under California law, to qualify for the overtime exemption as an executive, administrative, or professional employee, a worker must earn an annual salary of at least $68,640 per year as of January 1, 2025. That figure equals twice the state minimum wage for full-time work. A worker earning $55,000 per year with the title “shift supervisor” does not meet the salary threshold and is entitled to overtime regardless of how the employer describes the role.

The Labor Commissioner’s Bureau of Field Enforcement (BOFE) demonstrates how seriously California takes these violations. In October 2025, BOFE issued a citation of $868,128 against Costco, Ryder Last Mile Inc., and Mega Nice Trucking LLC for misclassification violations. In August 2025, BOFE cited Los Angeles developers $2.3 million for wage theft at four construction sites. These are not isolated actions. They reflect a pattern of enforcement that affects workers and employers across all industries.

How California's Filing Deadlines Work

The Three-Year Window for FEHA Claims

A complaint of employment discrimination must be filed with the CRD within three years from the date the discriminatory act occurred. The clock starts on the date the act happened, not the date the worker realized it may have been illegal. Three years is a substantially longer window than federal law provides, but it is not unlimited. Waiting to gather evidence or hoping a situation resolves itself can cost you your right to file.

Claim Type

Filing Agency

Deadline

Clock Starts

 

FEHA discrimination

California Civil Rights Department (CRD)

3 years

Date of the discriminatory act

FEHA harassment

California Civil Rights Department (CRD)

3 years

Date of the harassing conduct

FEHA retaliation

California Civil Rights Department (CRD)

3 years

Date of the retaliatory act

Federal claims (Title VII, ADEA, ADA)

EEOC

Shorter window; consult an attorney

Date of the adverse action

 

Filing With the CRD and Your Right to Go Directly to Court

Even if your goal is to file a lawsuit in civil court, California law requires you to file a complaint with the CRD first. Think of this as a procedural gateway that preserves, rather than limits, your options. If you do not want to wait for the CRD’s investigation to conclude before suing, you can request an immediate “right to sue” notice at the time you file your complaint. The CRD will issue that notice, and you can then proceed directly to court. An employment lawyer can file this request on your behalf and ensure the paperwork does not create gaps in your timeline.

 

Steps to Take to Protect Your Claim

  • Write down what happened as soon as possible, including dates, locations, the names of anyone present, and the exact words used
  • Preserve any text messages, emails, or written communications related to the incident or the working conditions that followed
  • Keep copies of your pay stubs, offer letter, and any performance reviews
  • Note whether any witnesses were present and identify them by name and role
  • Avoid signing any severance agreement or arbitration waiver before consulting an attorney
  • Contact an employment lawyer promptly, even if you are unsure whether you have a claim, so the filing deadline does not pass before you know your options

What This Means If You Work in Burbank Right Now

The combination of FEHA’s broad protected categories, the three-year filing window, and aggressive Labor Commissioner enforcement means Burbank workers have real and actionable rights, but those rights require timely action. If you were fired, demoted, harassed, or underpaid, the specific date those events occurred matters more than anything else, because that is when your clock started. If you are an hourly worker and your employer is calling you exempt or independent, check whether your actual pay and salary meet the legal thresholds. If they do not, you may be owed back wages regardless of what your job title says. Do not wait for a situation to escalate before getting advice on where you stand.

Frequently Asked Questions

Does FEHA apply if my employer has fewer than five employees?

For discrimination claims, FEHA requires the employer to have five or more employees. For harassment claims, every California employer is covered with no minimum size requirement.

I am undocumented. Can I still file a complaint with the CRD?

Yes. FEHA applies to all California workers regardless of citizenship or immigration status. The CRD does not ask about immigration status when you file a complaint.

My employer calls me a manager, but I earn $52,000 per year. Am I entitled to overtime?

Probably yes. To qualify as exempt from California overtime laws under the executive, administrative, or professional exemption, an employee must earn at least $68,640 per year as of January 1, 2025. A job title alone does not create the exemption. If your actual salary is below that threshold, the exemption almost certainly does not apply.

I was not fired, but my hours were cut after I complained about harassment. Is that retaliation?

It can be. FEHA prohibits retaliation in forms other than termination, including pay cuts, schedule changes, demotions, and reassignments, when those actions are causally connected to protected activity such as reporting harassment or requesting an accommodation.

Do I have to let the CRD investigate before I can sue?

No. You must file a complaint with the CRD before going to court, but you can simultaneously request an immediate right-to-sue notice. That notice allows you to file your lawsuit in court without waiting for the CRD’s investigation to conclude.

Contact Setareh Law Group: If you believe your rights as a Burbank-area worker have been violated, contact Setareh Law Group for a consultation. Our firm focuses exclusively on California employment and labor law, and we can evaluate your situation, identify your deadlines, and explain your options at no charge for the initial consultation.

Contact us today:

📞 Phone: 310-888-7771

✉️ Email: help@setarehlaw.com

🌐 Address: 420 N Camden Dr, Beverly Hills CA, 90210

Disclaimer: This article provides general legal information about California employment law and is not legal advice. Reading this content does not create an attorney-client relationship between you and Setareh Law Group or any of its attorneys. Employment law claims are fact-specific, and the law may have changed after the publication of this article. Consult a licensed California employment attorney about your particular situation before taking any legal action.

 

Sources and Additional Resources

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