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Q What is the difference between an exempt and nonexempt employee?

Exempt employees are exempt from overtime. They generally perform executive, administrative, or professional jobs. They also regularly exercise discretion and independent judgment on the job. Nonexempt employees are generally paid hourly. They are entitled to overtime, meal and rest breaks, and must be paid the minimum wage.

Q What kind of evidence do I need to prove retaliation?

In order to state a claim for retaliation under California law, you need to show three things. First, you must show that you engaged in protected conduct, such as reporting illegal activity or discrimination. Second, you need to show that you suffered an adverse employment action, which is a material change to the terms and conditions of your employment (e.g., termination, demotion, or changes to working hours, pay, or location). Third, you’ll need to show a causal connection between your protected activity and the adverse employment action. This can be shown in a variety of ways, including close timing between your reports and the adverse action, the employer’s failure to investigate those complaints, sham discipline, or the employer’s failure to follow its own policies, among other ways.

Q What protection do I have against retaliation by my employer?

Both California and Federal laws protect employees from retaliation for asserting their rights or engaging in other types of protected activities. Common types of protected activity include reporting illegal activity, complaining about discrimination or retaliation in the workplace, requesting medical leave or reasonable accommodations, or raising concerns about unpaid wages, or health and safety violations.

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When you are mistreated on the basis of gender, race, national origin, age or a disability, San Francisco employment attorney Jeannette A. Vaccaro is ready to assist you. With nearly 10 years of experience in employment legal cases, Ms. Vaccaro is well-equipped to handle your employment discrimination case. Contact our firm today for dependable legal counsel.For More details visit us @

December, 2022




August 26,2019

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