Here is a checklist of causes of action for you to review with your potential client during the intake interview. The newly created or revised causes of action are highlighted in bold and underlined.

Hiring, Termination and Contractual

Failure to Hire (FEHA/Cal. Const. Article 1, § 8)
Wrongful Discharge in Violation of Public Policy
Tortious Constructive Discharge
Wrongful Demotion (Scott v. PG&E (1995) 11 Cal.4th 454)
Retaliation (Govt. C. § 12653; Lab. C. § 1102.5)
Breach of Contract (oral or written)
Anticipatory Breach
Breach of Employment Contract
Breach of Implied Contract of Good Cause
Breach of Implied Covenant of Good Faith & Fair Dealing
Unruh Civil Rights Act (Civ. C. § 51)
Intentional Interference with Prospective Economic Advantage
Intentional Interference with Contract
Promissory Estoppel
Unjust Enrichment/Quantum Meruit
Conversion of wages
Conversion of personal property
Fraud & Deceit (Civ. C. §§ 1567(3), 1571-1574, 1709-1710)
Negligent Hire, Supervision or Retention of Employee

Fair Employment and Housing Act Violations

Discrimination: based on protected class (age over 40, sex, pregnancy, sexual orientation, gender and/or gender identity or expression, association with protected person, ancestry, family care or medical leave, genetic information, marital status, medical condition including cancer, national origin including language restriction, race or religion)
Sexual Harassment
Quid Pro Quo Sexual Harassment (2 CCR § 11019 (b)(2))
Hostile Work Environment Harassment (2 CCR § 11019)
Failure to Prevent Discrimination, Harassment or Retaliation (Govt. C. § 12940(k))
Retaliation (Govt. C. § 12490(h))
Aiding & Abetting (Govt. C. § 12490(i))
Failure to Accommodate Disability (Govt. C. § 12490(m))
Failure to Engage in Interactive Dialogue (Govt. C. § 12490(n))
Religious Creed Discrimination – Failure to Accommodate (Govt. C. § 12490(l))
Sex-based Wage Discrimination

Leave Time

California Family Rights Act (Govt. C. § 12945.2)
California Pregnancy Disability Leave Law (Govt. C. § 12945(a))
California Healthy Workplaces, Healthy Families Act (Lab. C. §§ 245.5-246.5)
California Paid Family Leave (Unempl. Ins. C. §§ 2708, 3300-3303)
Military Duty or Training (Mil. & Vet. C. § 394)
Kin Care Leave (Lab. C. § 233)

Miscellaneous Related Torts & Statutory Violations

Defamation (C/L; Civ. C. §§ 43, 45, 46(3))
Intentional Infliction of Emotional Distress
Negligent Infliction of Emotional Distress
Unfair Business Practices (Bus & Prof C. §§17200) (court is trier of fact; consider use to challenge non- compliant arb agreement and to ensure court sits as trier of fact for UBPs)
Assault (C/L, Pen. C. § 240, can be used for ppt)
Battery (C/L, Pen. C. § 242, can be used for ppt)
Sexual Battery (Civ. C. 1708.5)
Civil Extortion (C/L)
False Imprisonment (C/L)
Civil Conspiracy to violate [add tort] (not freestanding, must be paired with violation of a law)
Aiding and Abetting to violate [add tort] (not freestanding, must be paired with violation of a law)
Invasion of Privacy (Cal. Const., Article 1, § 1 & C/L)
Physician-employee advocating medically appropriate health care (Bus. & Prof. C. § 2056))
Recording Confidential Info. (Penal C. §§ 632, 2)
Improper Disclosure of Medical Info (Civ. C. § 56.20)
Improper Disclosure of SSN (Civ. C. § 1798.85)
Improper Use of Credit Report (Civ. C. § 1785.1)
Improper Use of Investigative Report (Civ. C. § 1786)
Stalking (Civ. C. § 1708.7)
Whistleblower Protection Act (Govt. C. §§ 9149.20-23, 8547.1-12, Govt. C. §§ 8545.1-5; Health & Safety C. § 1278.5; Health & Safety C. § 5329.8; also protected under C/L)
Immigration status not admissible in determining PI damages (COA no longer limits future econ. loss) (Evid C. § 351.2 (eff. 1/1/17)

Labor Code Violations & Other Related Claims

96k Failure to hire, demotion, suspension or discharge due to engaging in lawful conduct during non-work hrs away from ER’s premises. No private cause of action
98.6 Discrimination for exercise of rights
132a Discrimination for filing work comp claim
201 Wages due on termination (immediate)
202 Wages due on quitting (72 hours)
203 Penalties for willful failure to pay at term/quit
210 Willful failure to pay/see also §§ 2698 & 225.5
215 Failure to pay wages due is a misdemeanor
216.5 Forced to sign release for wages due
218.5 Attys fees for non-payment of wages
221 Illegal collection back from EE of wages paid
223 Makes illegal any deal to pay less than prevailing wage due under statute or contract
225.5 Penalties
226 Penalty/remedy due to ERs failure to provide specified info on wage statements
226.7 Missed meal/rest periods -1 hr penalty)
227.3 Vacation time due at termination
229 Allows EE to sue in ct for wages despite arb agmt
230 Jury duty or witness leave
230.1 Domestic Violence Leave. ER must advise new hires of rights in writing & others upon request
230.2 Crime Victim Leave
230.3 Prohibits termination or discrimination against EE for performance of EE duty as volunteer firefighter, reserve peace officer or rescue personnel
230.4 Temp training leave & reinstatement for voluntary firefighters, reserve peace officer or ER rescue personnel
230.7 Prohibits termination or discrimination against EE for req’d appearance in school after child suspended
230.8 Protects EE (parent, guardian, grandparent) for taking time off to for child’s activities in school
232 Illegal to refuse to allow EEs to discuss wages
245.5 In-home caregiver entitled to paid sick leave
351 Makes it illegal to take tips from EE
353 Requires ER to maintain tip records
407 Unlawful to require investment or stock purchase
432 Allows EE to get copy of any writing signed
432.2 Prohibits use of polygraph
432.5 Can’t force EE to sign agmt prohibited by law

432.7 Prohibits requiring applicant to disclose arrest not resulting in conviction or dismissed or info re a referral or participation in pre/post trial diversion program, conviction & adjudication as a juvenile. (incl. rape, arson, murder etc)
432.8 Protects EE from disclosing marijuana possession conviction more than 2 yrs old
435 No audio/video recording in EE bathroom, changing rm
510 Work day 8 hours, overtime 1 ½ after 80
512 Meal period
515(d) Non-exempt EEs paid OT + 40 hrs/wk, 8 hrs/day
558 OT penalties
558.1 Owner/director/managing agent of corp potentially liable for certain W&H violations
752 Non-unionized EEs in smelters/underground mines right to fair election to establish workday over 8 hrs/day
860-864 Overtime & double time for agricultural workers
923 Right to spokesperson of own choosing (pre-empted by NLRA; limited to atty/co-EE representation w/consent)
925 Can’t require CA EE to resolve disputes outside CA or apply non-CA law except empl. contract negotiated by atty
970 Misrep inducing EE to move for purpose of work,
980 Restricts ER requesting access to EE social media
1019.1 Prohibits retaliation for opposing unfair immigration-related practice. ER can’t request more or different documents than required under federal law
1025-1028 Alcohol Drug Rehab Leave
1041 Adult Literacy Leave
1050 Misrepresentation to potential new ERs
1061(b)(1) Janitorial EEs no termination w/o cause for 60 days after change in building services contractor
1101-1102 Prohibits dx/retaliation against employee for engaging in political choice
1102 Threat of discharge as coercion of political activity
1102.5 Whistleblower rights (opposition/complaints based on reasonable belief of violation of local, state or federal rule or regulation)
1102.6 Shifts burden of proof to ER by clear and convincing evidence that termination would have occurred regardless of whistle blowing
1102.8 Requires posting by ER of whistleblower phone #s
1171.5 Immigration status irrelevant to Labor Code rights
1182.12 Min wage $10/hr; $10.50/hr 1/1/17; $15/hr 1/1/22
1194 Authorizes civil action regardless of agreement to contrary re min & OT wages due
1194(a) Civil action for unpaid min wage or OT

1197.1 Liquidated damages for willful failure to pay min wage (ER must post bond for writ of mandate)
1197.5 Prohibits wage inequality based on gender/race for substantially similar work (prior compensation irrelevant)
1198.3 Protects EE who refuses to work hrs in excess of those permitted by IWC orders
1198.5 Reqs inspection of personnel records w/in 30 days written request ($750 penalty)
1400 et seq. WARN (Worker Adjustment and Retraining Notification Act (mass layoff reqs)
1450 Domestic Workers Rights Act reqs OT after 9hrs/day or 45hrs/wk will remain law (violation is a misdemeanor)
1512 Donor Leave (protects EE who took paid leave to donate organ/bone marrow)
2699 Private Attorney General Act (PAGA)
2751 Commission agmts must be in writing
2802 EE is indemnified for business expenses
2810 Requires written agreements for certain labor & services contracts
2810.5 Written notice to new EEs re rate of pay, paydays, ERs allowances, wage basis, ERs, DBAs, and any PEOs
2856 Excuses noncompliance with illegal orders
2929 No termination for one judgment’s garnishment
2930 Failing to provide copy of shopping investigator’s report before disciplining or terminating when based on report of employee’s conduct, performance or honesty
6310 No discrimination against EE for safety complaints to gov’t (note: complaint to ER is complaint to the gov’t)
6311 No discharge for refusing to work in violation of Cal OSHA
6399.7 Protects EE for complaining re non-compliance w/ Hazardous Substances Information & Training Act
6402 No ER shall require or permit any EE to be in place of employment which is not safe and healthful
6403.5 Protects health care worker for refusing to lift, reposition or transfer patient due to concerns re patient/EE safety or lack of trained lift team personnel or equipment
6404 No ER shall occupy or maintain any place of employment that is not safe and healthful
6405 No ER shall construct unsafe premises
IWC Orders (min. wages, max hrs and OT)
Health & Safety C. § 118600 requires businesses & gov’t agency to provide single-user, all-gender restroom facility

Stephen Danz is the Senior Partner at Stephen Danz & Associates and focuses on complex employment cases and representing whistleblowers in federal False Claims Act actions. Stephen Danz & Associates is one of California’s largest employment law firms with offices in all major California cities representing employees only in all types of employment law disputes.