California Law Enforcement Employment Lawyer

Working in law enforcement in California is one of the most unique and challenging occupations there is. As public-sector employees, law enforcement officers and other staff members work together to ensure public safety and security. Various agencies and organizations make up the industry, from local police departments to private security and civilian oversight agencies.

While working in law enforcement can be challenging, it also requires significant training and education to stay up-to-date on the latest laws, technologies, and techniques. Ultimately, working in law enforcement in California requires a strong commitment to public service, a dedication to upholding the law, and the ability to work well under pressure. It can be a challenging but highly rewarding career for those who are passionate about serving their communities and making a positive impact.

Like any other employee in California, a law enforcement officer has certain rights and protections in the workplace. While the procedure is somewhat different for these employees, the fact remains that when their workplace rights are violated, they have the legal grounds to hold their employer accountable.

Maison Law Provides Knowledge and Support To California Workers

At Maison Law, we are proud to stand up for victims when their workplace rights are violated. Even in workplaces as unique as law enforcement, our team of experienced and knowledgeable California employment lawyers can help you understand your legal options and what to do next. Whether it be filing a grievance, administrative claim, or lawsuit, we’ll be with you every step of the way as you work to recover the available benefits and support under California law. To get started working with our team today, contact us for a free consultation.

Law Enforcement Employment in California

While not typically associated with standard employment sectors, law enforcement is one of California’s most diverse and important in terms of public safety. Not only that, but it encompasses a wide range of different agencies and organizations tasked with enforcing local ordinances, along with state and federal law. As it relates specifically to California, there are a number of different employment options for law enforcement, which include:

• Local Police Departments – California has hundreds of local police departments that provide law enforcement services to their communities. These departments are typically responsible for responding to emergency calls, conducting investigations, and maintaining public order.
• Sheriff’s Offices – California’s 58 counties each have a sheriff’s office that provides law enforcement services to unincorporated areas of the county. Sheriffs’ offices also operate county jails and provide court security.
• California Highway Patrol (CHP) – The CHP is a state law enforcement agency that is responsible for enforcing traffic laws on California’s highways and roads. The agency also provides protection to the governor and other state officials.
• California Department of Corrections and Rehabilitation (CDCR) – The CDCR is responsible for operating California’s state prisons and supervising parolees. The agency employs thousands of correctional officers, parole agents, and other staff members.
• Federal Law Enforcement Agencies – Several federal law enforcement agencies have a presence in California, including the Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), and Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).

The law enforcement industry is not only difficult to enter, but is extremely challenging to maintain. The industry is constantly evolving, with new technologies, policies, and laws shaping the way law enforcement agencies operate. California has also been at the forefront of efforts to reform law enforcement practices and increase accountability, particularly in the wake of high-profile incidents of police misconduct.

As a result, there is a growing demand for law enforcement professionals who are well-trained, culturally competent, and committed to upholding the highest standards of professionalism and integrity. Still, it offers several occupations, such as:

• Police Officer
• Sheriff’s Deputy
• California Highway Patrol Officer
• Correctional Officer
• Probation Officer
• Parole Agent
• Special Agent (FBI, DEA, ATF, etc.)
• Border Patrol Agent
• Park Ranger
• Fish and Wildlife Officer
• State Fire Marshal
• Crime Scene Investigator
• Forensic Scientist
• Intelligence Analyst
• Tactical Operator (SWAT)
• Air Marshal
• Diplomatic Security Agent
• Postal Inspector
• Secret Service Agent
• U.S. Marshal

How Does California Employment Law Apply to the Law Enforcement Industry?

California has some of the most employee-friendly laws in the country, with protections for workers in areas such as minimum wage, overtime pay, rest breaks, and discrimination based on factors such as race, gender, sexual orientation, and disability.

As it relates specifically to law enforcement, these laws also protect workers of these various agencies and organizations. In fact, as public-sector employers (in many cases), law enforcement agencies themselves are under even more scrutiny to comply with many of the same employment laws as other employers. Generally speaking, California employment law covers a wide range of different conduct in the workplace, such as:

The California Fair Employment and Housing Act

The California Fair Employment and Housing Act (FEHA) prohibits employment discrimination based on several protected characteristics, including:

• Race or color
• Religion
• National origin or ancestry
• Physical or mental disability
• Medical condition, including pregnancy and childbirth
• Age (40 years and older)
• Sex, including gender identity and gender expression
• Sexual orientation
• Marital status
• Military or veteran status

In addition to prohibiting discrimination based on these protected characteristics, the FEHA also prohibits harassment and retaliation against employees who complain about discrimination or participate in an investigation or lawsuit related to discrimination. Law enforcement agencies in California are considered employers and must comply with FEHA’s anti-discrimination provisions in their employment practices.

Whistleblower Protection Act

Another important protection for law enforcement employees in California involves being protected from harassment or retaliation because they reported their employer for illegal conduct. Officially, California’s Whistleblower Protection Act (WPA) protects employees from retaliation by their employer when they report a violation of law or public policy. This protection extends to employees who report wrongdoing by their employer or a co-worker, as well as those who refuse to participate in an activity that violates the law or public policy.

Under the WPA, law enforcement employees who report illegal or unethical behavior by their employer or colleagues are protected from retaliation. For example, if a law enforcement officer reports another officer for using excessive force, and then faces retaliation, the WPA provides legal protection for the officer that reported the illegal conduct. Retaliation can take many forms, but usually includes:

• Termination or firing
• Demotion or reduction in job duties
• Reduction in pay or benefits
• Refusal to hire or promote
• Exclusion from important meetings or events
• Reassignment to a less desirable position
• Negative performance reviews or disciplinary actions
• Harassment or bullying
• Giving false or negative references to potential employers
• Constructive discharge, which occurs when an employer makes working conditions so intolerable that a reasonable person would feel compelled to quit.

Not only are law enforcement employees protected from retaliation under the WPA, but also under the FEHA and federal laws.

Wage and Hour Laws

California’s wage and hour laws hold that every employer must provide their employees with certain requirements regarding how and when they’re paid. These laws maintain that even law enforcement agencies have to comply and provide their workers with the following:

• Minimum wage
• Overtime pay if they work over 8 hours in one day 40 hours in one week
• A final paycheck in a timely manner
• Paid meal and rest breaks
• Providing workers’ compensation benefits
• Hazard pay, if the employment contract calls for it.

It’s important for both employers and employees in the law enforcement industry to be aware of their obligations and rights under California’s wage and hour laws. Employers who fail to comply with these laws can face legal action and penalties, while employees who are not properly compensated may have legal claims for unpaid wages or other damages.

Legal Options for Law Enforcement Workers in California

Because law enforcement is such a unique occupation, many don’t realize that they have the same options to pursue legal remedies as any other employee in California. While every claim is different, workers in law enforcement can take the following actions if their rights have been violated.

• Filing an administrative complaint – There are several government agencies in California that are responsible for enforcing specific areas of employment law. Thus, employees can file an administrative complaint with one of these agencies when their employer violates that specific area of the law. These agencies usually include:
  • The Department of Fair Employment and Housing (DFEH) – If a law enforcement worker is subjected to discrimination or harassment based on a protected characteristic, they may be able to file a complaint with the California Department of Fair Employment and Housing (DFEH). The agency will launch an investigation into the complaint which will include interviews, inspections, and other actions.
  • The Labor Commissioner’s Office – If the worker’s wages or hours have been purposefully violated by their employer, they can file a claim with the Labor Commissioner’s Office, specifically the Division of Labor Standards Enforcement (DLSE) to remedy the situation.

• Filing a lawsuit – When these administrative remedies are taken, they can provide closure for the employee. However, an even more consequential step involves actually filing a civil lawsuit against the employer. As a government agency, law enforcement agencies have different protections than a private employer. Still, they are ultimately bound by California’s employment laws, and when they violate them, employees are well within their legal right to file a lawsuit. In an employment lawsuit, employees can potentially recover the following damages:
  • Lost wages or benefits
  • Emotional distress
  • Reinstatement
  • Punitive damages
  • Attorneys fees and costs

Every lawsuit is different, so what you can recover depends on the facts and circumstances that surround your case. Still, working with our team of experienced California employment lawyers can help you determine the best path forward.