California Healthcare Industry Employment Lawyer

The healthcare industry in California is one of the most diverse and largest employment sectors in the state. Thousands of Californians work in the healthcare industry and its related providers, from hospitals to clinics to home healthcare. Data from the California Employment Development Department (EDD) found that healthcare in California accounts for 7% of total employment in the state, and that number is expected to increase as the population continues to age and demand for medical care continues to grow.

In terms of employment law, the California healthcare industry is also one of the most heavily regulated. Moreover, with such a wide variety of different opportunities for employment with a number of both public and private employers, the industry has a unique set of circumstances for workers when it comes to being protected by the law.

Experienced California Employment Lawyers

At Maison Law, our team of experienced California employment lawyers has the skills and experience to help any healthcare professional or employee. We remain committed to fairness in the workplace for all workers, especially those that dedicate their careers to helping people in need of healthcare.

Every employee in California has specific legal protections in place regarding how they are to be treated in the workplace, and this includes the healthcare industry. Whether this workplace is a hospital or even a private home, these protections cover all healthcare employees. If you or a loved one have had your workplace rights violated and are in need of assistance, don’t hesitate to contact us today for a free consultation.

Healthcare Industry in California

The healthcare industry in California is one of the largest and most diverse in the United States. California’s population, combined with its immense wealth and diverse demographics, has led to a thriving healthcare industry that offers a wide range of services and employs a significant number of people.

Employment in the California healthcare industry is a significant sector of the state’s economy. It is one of the largest industries in the state and is projected to continue to grow in the coming years.  According to data from the California EDD, the healthcare sector added over 33,000 jobs in December 2021, bringing the total number of jobs in the sector to over 2.2 million.

Moreover, employment in the healthcare industry is extremely specialized, requiring significant and legally-mandated education and training. Not only that, but the healthcare industry encompasses a wide variety of different jobs, such as:

• Physician
• Surgeon
• Nurse practitioner
• Registered nurse (RN)
• Licensed practical nurse (LPN)
• Physician Assistant
• Medical Assistant
• Physical Therapist
• Occupational Therapist
• Speech Therapist
• Dentist
• Dental Assistant
• Radiologic Technologist
• Diagnostic Medical Sonographer
• Medical Laboratory Technician
• Medical Laboratory Scientist
• Medical Coder
• Medical Billing Specialist
• Health Information Technician
• Home Health Aide
• Personal Care Aide
• Hospice Worker
• Hospital Administrator

Employment in the California healthcare industry offers a wide range of career opportunities, competitive wages, and the chance to make a difference in people’s lives. However, due to the very sensitive and difficult nature of these various occupations, it requires extensive protections for these employees.

California Employment Law and the Healthcare Industry

Even though California’s healthcare industry is highly regulated and has a number of unique circumstances that differentiate it from other industries, employees in this industry still enjoy the same protections that other California employees do. Moreover, because the healthcare industry requires such specific licensure and training to work in it, there are even more legal protections in place for these workers.  Like every other California employee, healthcare workers have a right to a workplace free of harassment, discrimination, and wrongful termination. In addition, they also have the same rights to pay, hours worked, privacy and breach of contract as other California workers.

Specifically, the key California employment laws that healthcare employers need to be aware of include:

• The California Fair Employment and Housing Act (FEHA) – California’s main law that governs anti-harassment and anti-discrimination in the workplace, the California Fair Employment and Housing Act (FEHA) holds that every California employer is prohibited from harassing or discriminating against their employees based on a variety of factors, including:
  • • Race and color
    • National origin and ancestry
    • Religion and creed
    • Age (over 40)
    • Physical or mental disability, including HIV/AIDS
    • Medical condition
    • Genetic information
    • Marital status
    • Sex, gender, gender identity, and gender expression
    • Sexual orientation
    • Pregnancy and childbirth
    • Military or veteran status

In addition, the FEHA also protects workers from being illegally terminated based on one of or a multiple of these factors.

• Whistleblower Protection Act (WPA) – The California Whistleblower Protection Act (WPA) is a state law that protects employees from retaliation for reporting improper or illegal activities by their employer or coworkers. The act applies to both public and private sector employees and is designed to encourage employees to report wrongdoing without fear of retaliation. Under the WPA, an employer is prohibited from:
  • • Retaliating against an employee for disclosing information to a government or law enforcement agency
    • Reporting a violation of a state or federal law
    • Refusing to participate in an activity that would result in a violation of a state or federal law.

The law also protects employees who file a complaint, testify, or assist in an investigation related to the disclosure of illegal activities. Retaliation can take many forms, including:

• • Termination or firing
  • Demotion
  • Reduction in pay or hours
  • Denial of promotion
  • Denial of training or opportunities for advancement
  • Reassignment to a less desirable job or location
  • Negative performance review or evaluation
  • Harassment or hostile work environment
  • Threats or intimidation
  • Retaliation for reporting discrimination or harassment

• Breach of Contract – Many of those workers in the healthcare industry in California work expressly under contracts. This is especially true of physicians and other high-level positions at hospitals and other facilities. While these contracts are usually written, every employee–regardless of position or status–in California works under a contract. A contract, which can either be written or implied, is simply an agreed-upon set of conditions that both employer and employee have to go by. Employment contracts usually include the following:
  • • Job Duties
    • Working Conditions
    • Compensation
    • Work hours
    • Termination
    • Benefits

California law protects workers when their employer fails to live up to their end of the contract. When this happens, you can pursue a breach of contract claim against your employer.

• Wage and Hour Laws – California law also lays out specific requirements for how workers in the California healthcare industry are to be paid, as well as protection regarding the often long hours they work. Under these laws, healthcare workers are entitled to the following specific protections:
  • Providing a minimum wage
  • Providing overtime pay
  • Paying final wages on time
  • Providing meal and rest breaks
  • Providing Workers’ Compensation Insurance
  • Misclassifying an employee’s status to avoid paying them overtime or other pay

The law offers healthcare–and other–workers with the ability to either file a wage claim lawsuit against their employer for violating these protections, or you can file a claim with the California Division of Labor Standards and Enforcement (DLSE).

While these laws highlight the main legal protections for California healthcare workers, there are any number of legal options available should your workplace rights be violated. Ultimately, working with our team of experienced California employment lawyers can give you a better idea of the type of claim you have and how to approach it.

Damages Available In a California Healthcare Employment Law Case

When your workplace rights are violated in California, there are a number of different paths you can take to hold your employer accountable. One way is to file an administrative complaint with one of the state agencies responsible for enforcing California’s various employment laws.

While this would provide administrative remedies like possible fines and injunctive orders, filing a lawsuit provides a path to compensation in the form of damages. In a California employment lawsuit, you could potentially recover the following damages:

• Lost wages, including unpaid wages
• Back pay
• Liquidated damages
• Pain and suffering
• Emotional distress
• Loss of dignity or enjoyment of life

It’s important to understand that these damages are general, meaning that what is ultimately recoverable in your claim depends on the facts and circumstances that surround your case. It’s also important to know the statute of limitations for your case, which is simply the deadline in which you can file your lawsuit. In California, the statute of limitations depends on the type of claim you file.

For example, a wrongful termination claim so would have two years from the date of your termination to file a lawsuit. Working with our team of experienced California employment lawyers can help you determine what type of claim you have and will make sure to file within the specific statute of limitations so that you can have the best chance at recovering damages.

Frequently Asked Questions