In an effort to reduce the spread of COVID-19, Srourian Law Firm is now offering virtual meeting opportunities for clients and prospective clients who wish to abstain from coming into our office. Please call our office to schedule your remote appointment. We wish you & yours health and safety during this time.

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california labor code

FAQs on PPP Fraud

Many businesses have benefited from PPP loans during closures due to COVID-19. PPP funds, however, are supposed to benefit employees by providing financial assistance to businesses to maintain payroll, employee benefits and other business expenses. If you are aware of any PPP fraud by your employer, you have an obligation to report the fraud. Moreover, you are protected from any retaliation for reporting any violations.

Q: What is PPP fraud?

A: PPP (Paycheck Protection Program) fraud includes any misuse of funds from the Small Business Administration (SBA) in response to COVID-19. In an effort to provide financial assistance to businesses during the pandemic. Any business that received PPP money, must use the money for specific business expenses such as payroll, employee benefits, rent, interest on mortgages, and utilities. The intent of the PPP was to ensure that businesses could continue to pay employees and cover necessary businesses expenses during mandatory closures.

Unfortunately, there is a growing concern that businesses have been violating the requirements of PPP. This fraudulent behavior has resulted in the money not being used to pay employees as intended. Examples of PPP fraud include falsifying information on PPP applications, providing inaccurate data regarding employees, and misdirecting PPP funds away from payroll.

Q: What happens if I learn my company committed PPP fraud?

A; If you learn that your company has committed PPP fraud, you must report the fraud. However, there are steps you can take to protect your rights. First, you should review any paperwork you signed as a condition of employment. This will include any employment contract, documents signed during orientation and training, as well as any employee handbooks. These documents often include a company policy that employees will act honestly and report fraud. In other words, you could be violating a company policy by not reporting the fraud. Second, you should consult with an experienced labor law attorney who can not only advise you of the legal issues, but more importantly, will protect your rights.

A: Can my company fire me for reporting PPP fraud?

A: No. If you report PPP fraud, you are protected by federal and state laws as a whistleblower. Any punitive action taken by an employer against an employee for reporting PPP fraud (or any violation of a law or regulation) is specifically protected under laws against whistleblower retaliation. In addition to federal protection, California has very strong labor laws that protect whistleblowers. Specifically, California Labor Code section 1102,5 (in part) states:

An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for disclosing information, or because the employer believes that the employee disclosed or may disclose information.

The broad protection under California law not only protects whistleblowers from retaliation, but also protects an employee who are believed to be a whistleblower by the company. Other forms of retaliation that are prohibited by law include threats, demotions, reduced hours or pay, blacklisting or denying a promotion that is merited.

Q: Can I sue my company if they retaliate against me for reporting PPP fraud?

A: Yes. If you report PPP fraud by your company, and are the victim of retaliation because of the report, you have a right to sue under federal and state law. Moreover, the company can also face significant civil penalties. An experienced labor law attorney can review your case and help you decide what course of action is best. More importantly, consulting with an attorney will protect your rights as an employee and possible whistleblower.

FREE CONSULTATION

Srourian Law Firm, with locations in Los Angeles, Westwood, Woodland Hills, and Orange County is experienced in all aspects of employment law including PPP fraud and whistleblower retaliation, and have aggressively represented employees in Los Angeles, Hollywood, Santa Monica, Orange, Irvine, Anaheim, Santa Ana, Newport Beach, Costa Mesa, Fullerton, Tustin, Mission Viejo, San Clemente, Garden Grove, Laguna Niguel, Brea, Fountain Valley, Aliso Viejo, Yorba Linda, Westminster, Laguna Hills, Cypress, and La Habra.

If you or someone you know suffered employment violations due to PPP fraud or whistleblower retaliation, you may have certain employee rights under state and federal law, and may be entitled to compensation as a part of the class action lawsuit. Please contact us to speak with one of our lawyers for a free consultation.


California law protects employees in the workplace and employees are required to maintain a safe and healthful workplace particularly during the current pandemic.

The challenges we are all facing due to COVID-19 have resulted in many changes at home and in the workplace. While everyone must adapt to the rules of social distancing and the mandatory Safer-at-Home restrictions, essential businesses must also ensure their employees are safe at work during this pandemic. Employees of essential businesses continue to provide vital services despite the health risks, and will keep America operating. These front-line workers are important and have rights under California law to ensure their safety, health and well-being.

Under California law, employers must provide “reasonably adequate” safety devices and safeguards to keep the work place “safe and healthful.” Moreover, California Labor Code section 6401 requires “every employer shall do every other thing reasonably necessary to protect the life, safety, and health of employees.” If your employer does not protect your health and safety, they are violating the law. While this is especially challenging during the current pandemic, employees have the right to be safe in the workplace.

EMPLOYERS MUST PROVIDE MASKS, GLOVES, SOAP AND SANITIZER

Even though the current COVID-19 pandemic is unprecedented, given our understanding of the virus and how it is spread, essential workers that have contact with the public must be provided with masks, gloves, soap and sanitizing products. In addition, employees must be given time to properly wash their hands frequently, as recommended by health care organizations. Employers must also ensure that the workplace is clean and regularly sanitized for the protection of employees and customers.

According to the Centers for Disease Control and Protection (CDC) and most health care organizations, properly washing your hands with soap and water is the most effective way to prevent the spread of COVID-19 as well as other disease.

The need for safeguards in the workplace is particularly important for health care providers and first responders who are more vulnerable simply because they are more likely to be in direct contact with contagious members of the public. Every effort must be made to provide sufficient personal protective equipment (PPE) to every front-line worker to ensure their health and safety, and avoid further contagion.

State law also requires employers to reimburse employees for any expenses spent by employees to obtain necessary safety equipment. This also includes the cost of lodging if an employee is required to self-isolate because they live with someone who is considered vulnerable to the virus or has been diagnosed with the virus.

EMPLOYERS SHOULD ACCOMMODATE VULNERABLE EMPLOYEES    

Employees who are considered vulnerable to the virus by having a pre-existing medical condition, may request an accommodation to work from home. If the accommodation is reasonable, the employer must accommodate the request or may violate protections granted under California’s Fair Employment & Housing Act (FEHA). Since California is under a state of emergency due to the virus, employees should know what changes have been made to provide workers with protection during the pandemic.

For example, while employers may ask employees whether they are experiencing COVID-19 symptoms, this information is confidential and the employee’s medical condition remains private. Similarly, if a co-worker has tested positive for the virus, or is believed to have the virus, the employer must follow the guidelines established by the local public health department as well as any current state or federal health recommendations. That may include closing the work place, deep cleaning and allowing employees to work remotely. Most importantly, employers cannot reveal the name of the employees that have tested positive or are suspected of having the virus.

FREE CONSULTATION

Srourian Law Firm, with locations in Los Angeles, Westwood, Woodland Hills, and Orange County is experienced in all aspects of employment law including failure to ensure a safe and healthful workplace  and have aggressively represented employees in Los Angeles, Hollywood, Santa Monica, Orange, Irvine, Anaheim, Santa Ana, Newport Beach, Costa Mesa, Fullerton, Tustin, Mission Viejo, San Clemente, Garden Grove, Laguna Niguel, Brea, Fountain Valley, Aliso Viejo, Yorba Linda, Westminster, Laguna Hills, Cypress, and La Habra.

If you or someone you know suffered employment violations as an employee such as failure to ensure a safe and healthful workplace in California, you may have certain employee rights under state and federal law and may be entitled to unpaid wages, interest, attorneys’ fees and costs, and/or be entitled to compensation as a part of the class action lawsuit. Please contact us to speak with one of our experienced lawyers for a free consultation.


FAQs on Whistleblowers

Reporting your company or supervisor for violating the law can be frightening. However, reporting workplace violations are important to ensure the rights of all employees, and in some cases protect the health and safety of employees, the public and the environment. Fortunately, federal and state laws protect employees who report violations.  

Q: What is a whistleblower?

The term “whistleblower” is used to describe an employee who reports an employer for violating the law. The violation could be an illegal act taken by the employer against the whistleblower, or a general violation with a wider impact. For example, an employee who reports an incident of sexual harassment at work would be a whistleblower. Similarly, an employee who reports an employer for violating pollution laws would also be a whistleblower.

Q: Are whistleblowers protected?

Yes. There are many federal and state laws enacted specifically to protect whistleblowers. In addition to protection from retaliation, whistleblowers can also file a lawsuit against the employer if there is retaliation for reporting the violation of the law. In other words, an employee cannot retaliate (or punish) an employee for being a whistleblower.

Federal law protection for whistleblowers require a “good-faith” belief that a violation of the law occurred. Like many legal terms, it is difficult to define “good-faith,” but courts have generally held that a good-faith belief be a combination of the whistleblower’s subjective opinion as well as an objective basis for the violation. An experienced labor law attorney can discuss the facts of your case and advise you on how to proceed with an allegation against your employer and ensure that your rights are protected under Federal law.

Whistleblowers are also protected under state law, and California labor laws provide significant protection to employees, and are considered among the strongest in the country. For example, under the California Labor Code, an employer cannot retaliate against a whistleblower if the employee “reasonably” believes a violation has occurred which is considered a lower burden than the federal law requiring a good faith belief. Moreover, the California whistleblower is protected even if the employer is cleared of any wrong-doing. 

Q: What is considered whistleblower retaliation?

A: Whistleblower retaliation includes a variety of actions such as:

• wrongful termination;

• demotion;

• failure to promote when promotion is merited;

• denying opportunity for training or professional development;

• blacklisting;

• reducing pay or hours;

• reassignment to less desirable task;

• intimidation;

• denying access to resources necessary to perform work duties; and

• making any threat including a threat to report non-citizen employee to ICE or immigration.

Under California law, an employee is protected from workplace retaliation even if the employee did not actually make a whistleblowing report. In other words, employers cannot retaliate against an employee because they believe the employee is a whistleblower.

Q: What can I do if my employer retaliates against me for being a whistleblower?

A: If you believe you are the victim of unlawful labor practices, or that your employer is violating the law or regulations, you have the right to file a complaint without fear of retaliation. For example, if you are the victim of sexual harassment, you have the legal right to file a formal complaint against your employer through the regular channels proscribed in the employee handbook or your employment contract. Similarly, if the wrongful action by your employer is a workplace safety violation or an environmental violation, you have the right to file a complaint to an appropriate governmental agency such as OSHA (Occupational Safety and Health Administration) or the EPA (Environmental Protection Agency) and not fear retaliation.

After reporting the violation, an investigation should be conducted, and your rights as a whistleblower protect you from workplace retaliation. However, if your employer does retaliate, you can file a lawsuit against your employer for whistleblower retaliation. If you prevail, you may be entitled to compensation for lost wages and benefits, physical pain, mental suffering, loss of career opportunities, punitive damages, legal costs and attorney’s fees.

There are strict deadlines on retaliation claims, so be sure to act promptly after the retaliation and speak to an experienced labor law attorney to ensure your rights are protected.

FREE CONSULTATION

Srourian Law Firm, with locations in Los Angeles, Westwood, Woodland Hills, and Orange County is experienced in all aspects of employment law including whistleblower retaliation, and have aggressively represented employees in Los Angeles, Hollywood, Santa Monica, Orange, Irvine, Anaheim, Santa Ana, Newport Beach, Costa Mesa, Fullerton, Tustin, Mission Viejo, San Clemente, Garden Grove, Laguna Niguel, Brea, Fountain Valley, Aliso Viejo, Yorba Linda, Westminster, Laguna Hills, Cypress, and La Habra.

If you or someone you know suffered employment violations due to whistleblower retliation, you may have certain employee rights under state and federal law, and may be entitled to compensation as a part of the class action lawsuit. Please contact us to speak with one of our lawyers for a free consultation.


Most people eagerly await payday in order to pay rent and bills on time, or maybe to splurge a little. Getting a late paycheck, regardless of the reason, is not only frustrating, but it could be against the law. Under California labor laws, employers must pay you on time, or they are violating your rights and breaking the law.

In general, employees must be paid by a certain date depending on whether paychecks are issued every two weeks (bi-weekly) or twice a month (bi-monthly). There are some narrow exceptions that apply to certain types of employees, such as salaried monthly executives, but the vast majority of employees are protected under California Labor Code section 204(a).

California Labor Code § 204(a) (in relevant part)

Labor performed between the 1st and 15th days, inclusive, of any calendar month shall be paid for between the 16th and the 26th day of the month during which the labor was performed, and labor performed between the 16th and the last day, inclusive, of any calendar month, shall be paid for between the 1st and 10th day of the following month.

For example, if an employee is paid twice a month, the pay period is often divided into the 1st through 15 days of the month; and the 16th through the last day of the month. Under California law, employers must issue paychecks no later than the 26th of the month for the first pay period, and the 10th of the following month for the second pay period.

For employees that are paid every two weeks, or weekly, the law requires employers issue checks within seven calendar days after each pay period. Failure to issue timely paychecks could subject employers to significant penalties.  

Also, according to California Labor Code section 204(b)(1), Employees have a right to be paid for overtime by the next regular paycheck. That means if you accrue overtime during a particular pay period, those extra wages must be included in the next paycheck. Again, if your employer fails to pay you overtime wage on time, your rights have been violated and you should seek legal advice.

FREE CONSULTATION

Srourian Law Firm, with locations in Los Angeles, Westwood, Woodland Hills, and Orange County is experienced in all aspects of employment law including failure to receive paychecks on time and have aggressively represented employees in Los Angeles, Hollywood, Santa Monica, Orange, Irvine, Anaheim, Santa Ana, Newport Beach, Costa Mesa, Fullerton, Tustin, Mission Viejo, San Clemente, Garden Grove, Laguna Niguel, Brea, Fountain Valley, Aliso Viejo, Yorba Linda, Westminster, Laguna Hills, Cypress, and La Habra.

If you or someone you know suffered employment violations as an employee such as not receiving paychecks on times in California, you may have certain employee rights under state and federal law and may be entitled to unpaid wages, interest, attorneys’ fees and costs, and/or be entitled to compensation as a part of the class action lawsuit. Please contact us to speak with one of our experienced lawyers for a free consultation.


Know the Law. Know your Rights.

Generally, employees in California are entitled to a rest break and/or meal break when they work more than three and a half hours a day. Specifically, state law mandates a 10-minute rest break for every four hours worked in a day; and a 30-minute meal break if a shift is more than five hours. An additional 30-minute meal break is required by law if an employee works ten hours in a day.

There are some exceptions depending on the type of employee or industry, such as construction, commercial drivers, or utility workers. The vast majority of employees, however, are protected by state law and employers are violating your rights if you are not provided breaks according to the statute. If your employer is not providing you with mandated meal or rest breaks, you have the right to file a lawsuit and seek compensation.

California Labor Code 512(1)(a)

An employer shall not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee. An employer shall not employ an employee for a work period of more than 10 hours per day without providing the employee with a second meal period of not less than 30 minutes, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and the employee only if the first meal period was not waived.

Employees may voluntarily waive meal breaks in certain circumstances. For example, if the shift is no more than six hours, the employee may waive the required meal break. An employee, however, may generally not waive the second mandated meal break required for a 10-hour shift if they waived the first meal break. The laws are often complicated, so employees should ask for clarification from a supervisor or human resources; as well as consult with an experienced employment attorney if there appears to be a pattern of violations.

Rest breaks are required by law for any shift lasting more than three and a half hours, and employees must be given a paid rest break every four hours or major fraction thereof. Employees may also voluntarily work during a rest break, but under no circumstances may the employer require you to work during your mandated breaks.

FREE CONSULTATION

Srourian Law Firm, with locations in Los Angeles, Westwood, Woodland Hills, and Orange County is experienced in all aspects of employment law including failure to provide meal or rest breaks and have aggressively represented employees in Los Angeles, Hollywood, Santa Monica, Orange, Irvine, Anaheim, Santa Ana, Newport Beach, Costa Mesa, Fullerton, Tustin, Mission Viejo, San Clemente, Garden Grove, Laguna Niguel, Brea, Fountain Valley, Aliso Viejo, Yorba Linda, Westminster, Laguna Hills, Cypress, and La Habra.

If you or someone you know suffered employment violations as an employee such as being denied meal and rest breaks in California, you may have certain employee rights under state and federal law and may be entitled to unpaid wages, interest, attorneys’ fees and costs, and/or be entitled to compensation as a part of the class action lawsuit. Please contact us to speak with one of our experienced lawyers for a free consultation.


Srourian Law Firm has filed a class action lawsuit on behalf of former and current workers of Ruth’s Chris Steak House workers. The lawsuit includes both front of house and back of house workers, including waiters, hosts, barbacks, runners, and kitchen staff for all restaurant locations in the State of California. The lawsuit alleges that Ruth’s Chris violated various provisions of the California Labor Code, including failure to pay minimum wage, failure to pay overtime, failure to authorize meal breaks, failure to authorize rest breaks, failure to timely pay final paychecks, failure to provide proper paystubs, and violation of California Private Attorney General Act, among several other violations.

The lawsuit further alleges unlawful restaurant policies of denying and discouraging breaks based on providing team meals to be eaten quickly, lack of adequate resting facilities, and a requirement to keep inaccurate records of meals breaks. The lawsuit further alleges the requirement for workers to take on-duty meal breaks in violation of California leave.

SROURIAN LAW FIRM’S CLASS ACTION LAWSUIT

The class action lawsuit, titled Adrian Quiroz v. Ruth’s Chris Hospitality Group, Inc., is currently pending in Riverside Superior Court Case No. RIC1804127. If you worked for any Ruth’s Chris location in California at any time from February 26, 2014, until the present and would like more information about this case, please call us at (310) 601-3131 or send an email to contact@slfla.com. Be sure to give your name, telephone number, and the best time to reach you, and an attorney will get back to you soon.

FREE CONSULTATION

Srourian Law Firm, with locations in Los Angeles, Westwood, Woodland Hills, and Orange County is aggressively pursuing claims against MedMen, and other California cannabis dispensaries in Los Angeles, Hollywood, Santa Monica, Orange, Irvine, Anaheim, Santa Ana, Newport Beach, Costa Mesa, Fullerton, Tustin, Mission Viejo, San Clemente, Garden Grove, Laguna Niguel, Brea, Fountain Valley, Aliso Viejo, Yorba Linda, Westminster, Laguna Hills, Cypress, and La Habra. If you or someone you know suffered violations of the California Labor Code in relation to their employment with a cannabis dispensary, you may be entitled to compensation as a part of the class action lawsuit. Please contact us to speak with one of our lawyers for a free consultation.


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