Abramson Labor Group — Employment Lawyers Who Protect Bakersfield and Kern County Workers
Kern County runs on hard labor. Oil fields, farmland, warehouses, refineries, hospitals, and the miles of highway connecting them, this is where California’s most physically demanding work gets done, often by workers who are told, directly or indirectly, that they don’t have the rights they actually have.
Abramson Labor Group is an employment law firm with more than 35 years of combined experience, over 500 five-star Google reviews, and attorneys recognized by Super Lawyers. We represent Bakersfield and Kern County workers in wrongful termination, workplace discrimination, sexual harassment, wage theft, employer retaliation, whistle blower claims, workers’ compensation, and personal injury, all on contingency. No cost to you unless we recover money on your behalf.
Free case evaluations: (213) 493-6300
What Bakersfield Employers Say vs. What California Law Actually Says
Workers across Kern County hear the same lines from employers, in the oil fields, in the packing sheds, on the warehouse floor, and in the office. Some of these statements are half-truths. Most are flat wrong. All of them are designed to keep you from exercising your legal rights.
Here’s what our employment attorneys want you to know.
“You’re at-will. We can fire you for any reason.“
What they say: At-will means your employer can let you go whenever they want, for whatever reason, and there’s nothing you can do about it.
What the law actually says: California is an at-will state, but at-will has limits that most employers conveniently omit. Your employer cannot fire you for a discriminatory reason, based on your race, gender, age, disability, pregnancy, religion, sexual orientation, national origin, or any other characteristic protected under the Fair Employment and Housing Act. They cannot fire you in retaliation for filing a complaint, reporting illegal activity, requesting a medical accommodation, or taking legally protected leave. They cannot fire you in violation of public policy, for example, for refusing to do something illegal.
If the timing of your termination aligns with any of these protected activities, or if the stated reason for your firing doesn’t match what actually happened, you may have a wrongful termination claim. Our attorneys examine the timeline, the pretextual justification, internal communications, and how the employer treated similarly situated workers to determine whether your termination was unlawful.
This is especially common in Bakersfield’s oil industry, where field workers, pumpers, roustabouts, and drilling crews are often fired after reporting safety violations or filing workers’ compensation claims, with “performance” or “restructuring” cited as the reason.
“You’re salary, so you don’t get overtime.”
What they say: If you’re paid a fixed salary instead of an hourly wage, you’re exempt from overtime. End of story.
What the law actually says: Being paid a salary does not automatically make you exempt from overtime. To be legally exempt in California, an employee must earn at least twice the state minimum wage for full-time work (currently $4,506.67/month as of 2026), and more than 50 percent of their work time must be spent on duties that qualify as executive, administrative, or professional under the specific legal definitions. If your job title says “manager” but you spend most of your time doing the same physical or operational work as the people you supposedly supervise, you’re likely misclassified, and you’re owed overtime for every hour beyond eight in a day or 40 in a week.
This is rampant in Bakersfield’s logistics, oil, and agriculture industries, where “field supervisors,” “shift leads,” and “operations managers” are given salaried titles specifically to avoid paying overtime, even though they spend the vast majority of their time doing non-exempt work alongside their crews.
Non-exempt employees in California earn 1.5x their regular rate after 8 hours/day or 40 hours/week, and 2x after 12 hours/day. If your employer has misclassified you, you may be owed years of unpaid overtime, plus interest and penalties.
“You’re an independent contractor — we don’t owe you benefits.”
What they say: You signed a contractor agreement. You’re not an employee. You don’t get minimum wage protections, overtime, meal breaks, rest breaks, expense reimbursement, or workers’ compensation.
What the law actually says: Under California’s ABC test, codified in AB 5, a worker is legally presumed to be an employee unless the hiring entity proves three things: (A) the worker is free from the company’s control and direction, (B) the work performed is outside the usual course of the company’s business, and (C) the worker is customarily engaged in an independently established trade or business. Most workers classified as independent contractors in Kern County fail at least one prong of this test.
Misclassification is endemic in Bakersfield. Oilfield service companies classify rig hands and truck drivers as independent contractors to avoid overtime and workers’ comp obligations. Agricultural operations use farm labor contractors as intermediaries to distance themselves from liability. Warehousing and distribution companies use staffing agencies and contractor labels to avoid providing benefits to the workers who actually move their products.
If your employer controls when you work, how you work, what tools you use, and where you report, calling you an independent contractor doesn’t make it legal. You may be owed back wages, unpaid overtime, meal and rest break premiums, unreimbursed expenses, and penalties under the Labor Code.
“You signed an arbitration agreement. You can’t sue us.”
What they say: That stack of paperwork you signed on your first day included an arbitration clause. It means you waived your right to go to court, so there’s no point in calling a lawyer.
What the law actually says: Arbitration agreements change the forum for resolving disputes, private arbitration instead of a public courtroom, but they do not eliminate your legal claims. The same laws apply, the same damages are available, and many employment attorneys (including Abramson Labor Group) handle arbitration cases routinely. Furthermore, California courts regularly invalidate arbitration agreements that are procedurally or substantively unconscionable, meaning they were imposed as a condition of employment without any real negotiation, or their terms are so one-sided that enforcing them would be unjust.
And here’s the part your employer definitely didn’t mention: PAGA claims, representative lawsuits for Labor Code violations filed on behalf of all affected employees, can proceed in court regardless of an arbitration agreement, following the California Supreme Court’s ruling in Adolph v. Uber Technologies. Workers’ compensation claims are not subject to arbitration at all.
The bottom line: An arbitration agreement is not a legal shield for your employer. It’s a procedural mechanism. Never let it stop you from consulting with an attorney.
“If you report this, you’ll lose your job.”
What they say: Sometimes it’s explicit. More often, it’s implied — a look, a comment, a sudden change in how you’re treated after raising a concern. The message is clear: keep your mouth shut or face consequences.
What the law actually says: California has some of the strongest anti-retaliation protections in the country. Multiple statutes prohibit employers from punishing workers who engage in protected activity, including:
FEHA — protects employees who file discrimination or harassment complaints, participate in investigations, or request reasonable accommodations.
Labor Code Section 1102.5 — California’s primary whistle blower statute, which protects employees who report suspected violations of state or federal law to a supervisor, a government agency, or any person with authority to investigate.
Labor Code Section 98.6 — prohibits retaliation against employees who file or threaten to file wage claims.
Cal/OSHA provisions protect employees who report unsafe working conditions.
If your employer retaliates against you, through termination, demotion, reduced hours, unfavorable assignments, heightened scrutiny, or any other adverse action, that retaliation is itself an independent legal claim, often carrying significant damages.
In the oil fields, on farms, and in warehouses across Kern County, retaliation is the rule rather than the exception. Workers who report safety violations are transferred to worse shifts. Employees who file wage complaints are written up for “attendance.” Farmworkers who speak up are told there’s no more work for them. Every one of these responses is illegal, and our attorneys build cases that prove it.
“You’re not legal — you don’t have rights.”
What they say: Some employers in Kern County explicitly tell undocumented workers they have no legal protections and can’t file complaints without risking deportation. Others use the threat implicitly, knowing the fear is enough to keep people from seeking help.
What the law actually says: California employment law protects every worker in the state, regardless of immigration status. This is not a gray area. The California Labor Code, FEHA, and workers’ compensation statutes all apply to undocumented workers. You have the right to minimum wage, overtime, meal and rest breaks, a workplace free from discrimination and harassment, and medical treatment for a work-related injury and your employer cannot retaliate against you for exercising those rights by threatening to report your immigration status.
California Labor Code Section 1019 specifically prohibits employers from using or threatening to use an employee’s immigration status as a tool of retaliation. Violations carry penalties of up to $10,000 per employee.
Kern County has a large immigrant workforce, particularly in agriculture, food processing, and warehousing. Many of these workers are among the hardest-working people in the state and among the most vulnerable to exploitation. If your employer is using your immigration status to keep you from asserting your rights, that itself is a violation of California law.
Abramson Labor Group serves all workers in Kern County. Our consultations are free and confidential.
“Everyone works through breaks — that’s just how it is here.”
What they say: In fast-paced industries, oil, agriculture, warehousing, food processing, healthcare employers, normalize the expectation that breaks are optional or that the work simply can’t stop long enough for a full 30-minute meal period.
What the law actually says: California law mandates a 30-minute uninterrupted meal break before the end of the 5th hour of work. It mandates a second meal break before the end of the 10th hour. It requires a 10-minute paid rest break for every 4 hours worked. “Uninterrupted” means your employer cannot ask you to monitor a radio, keep an eye on equipment, or remain available for work during your meal period.
If your employer fails to provide these breaks or provides them in name only while expecting you to continue working, they owe you one additional hour of pay at your regular rate for each meal break violation and each rest break violation, per day. Over weeks and months, these premiums add up to substantial sums.
In Bakersfield’s oil fields and agricultural operations, break violations are systematic. Rig crews are expected to eat on-site without stopping production. Farm laborers are told to eat in the field. Warehouse workers are clocked out for 30 minutes but expected to remain at their station. None of this is legal. Our wage and hour attorneys recover the premiums, back pay, and penalties these employers owe.
“Workers’ comp will handle everything — you don’t need a lawyer.”
What they say: Your employer and their insurance carrier will tell you the workers’ compensation system is simple, straightforward, and designed to take care of you. Just file the paperwork and let the process work.
What the law actually says: Workers’ compensation does provide important benefits, medical treatment, temporary disability payments, permanent disability benefits, and supplemental job displacement. But the system is adversarial, and insurers are financially incentivized to minimize your claim. Common tactics include delaying treatment authorization, disputing the work-relatedness of your injury, assigning artificially low disability ratings, and pressuring you to settle for far less than your claim is worth.
In Kern County’s oil fields, where injury rates are seven times the national average, a workers’ comp claim can mean the difference between financial survival and ruin. Oil field injuries involving heavy machinery, chemical exposure, falls from height, transportation accidents, and explosions often result in serious, long-term disabilities. The insurance company is not on your side. An attorney is.
Our workers’ compensation lawyers represent injured workers at every stage of the process, initial claim filing, medical treatment disputes, disability rating challenges, and appeals before the Workers’ Compensation Appeals Board. We also evaluate whether a separate personal injury claim may be available against a negligent third party, which can provide additional compensation for pain and suffering that workers’ comp doesn’t cover.
“There’s nothing in writing, so it’s your word against ours.”
What they say: Employers count on workers believing that without a recording, a signed document, or a smoking-gun email, there’s no case. It’s a bluff designed to make you give up before you start.
What the law actually says: Employment cases are rarely won or lost on a single piece of evidence. They’re built on the accumulation of circumstantial evidence, the timeline of events, patterns of behavior, inconsistencies in the employer’s stated reasons, comparator treatment of other employees, personnel records, pay records, and witness testimony. A well-documented log that you kept contemporaneously, writing down what happened, when, and who said what carries significant legal weight.
What our attorneys look for: Sudden negative performance reviews after years of positive feedback. A termination that follows closely behind a complaint, a medical leave request, or a pregnancy announcement. Coworkers with similar job performance who received different treatment. Pay stubs that don’t match hours worked. Communications that contradict the employer’s official narrative.
You don’t need a confession from your employer. You need an attorney who knows how to find and connect the evidence that already exists.
Bakersfield and Kern County Industries We Serve
Oil and gas: Rig workers, pumpers, roustabouts, field technicians, pipeline crews, refinery operators, and oilfield service company employees, wrongful termination after injury reports, retaliation for safety complaints, wage and hour violations, workers’ comp disputes, and personal injury claims involving equipment failures, chemical exposure, transportation accidents, and explosions.
Agriculture: Farmworkers, pickers, packers, tractor operators, irrigation workers, feedlot employees, and food processing plant workers, wage theft, denied meal and rest breaks, heat illness violations, unsafe working conditions, discrimination, retaliation, workers’ comp claim denials, and immigration-based threats.
Transportation and warehousing: Truck drivers, warehouse workers, forklift operators, material movers, dispatchers, and logistics staff, misclassification as independent contractors, unpaid overtime, off-the-clock work, meal and rest break violations, and retaliation for injury reports.
Healthcare: Nurses, CNAs, medical assistants, technicians, and hospital support staff, discrimination, harassment, denied accommodations, retaliation for taking FMLA/CFRA leave, and staffing-related safety complaints.
Retail and services: Restaurant workers, retail employees, hotel staff, and service industry personnel, minimum wage violations, tip theft, scheduling manipulation to avoid overtime, sexual harassment, and wrongful termination.
Government and education: County and city employees, school district staff, corrections officers, and public agency workers, discrimination, retaliation, whistle blower claims, and due process violations.
California Employment Laws That Protect Bakersfield Workers
Fair Employment and Housing Act (FEHA): Prohibits discrimination and harassment based on race, color, national origin, ancestry, gender, gender identity, gender expression, sexual orientation, age (40+), disability, medical condition, genetic information, marital status, pregnancy, religion, and military/veteran status. Covers employers with 5+ employees.
California Labor Code: Sets minimum wage ($16.90/hour statewide as of 2026), overtime requirements, meal and rest break mandates, final paycheck rules, pay stub requirements, and expense reimbursement obligations. Farm workers are now fully entitled to daily overtime under AB 1066’s phased implementation.
PAGA (Private Attorneys General Act): Allows individual employees to bring representative lawsuits for Labor Code violations on behalf of all affected workers, recovering penalties split 25% to employees and 75% to the state.
Labor Code Section 1102.5: California’s central whistle blower statute. Protects employees who report suspected violations of law.
AB 5 (ABC Test): Establishes the legal standard for determining whether a worker is an employee or independent contractor.
Cal/OSHA: Sets workplace safety standards and protects employees who report hazards from retaliation. In Kern County’s oil and agriculture sectors, Cal/OSHA regulations covering heat illness prevention, hazardous chemical exposure, and fall protection are particularly critical.
Serving Bakersfield and All of Kern County
Abramson Labor Group represents workers throughout the greater Bakersfield area and Kern County, including:
- Downtown Bakersfield and the Southwest
- Oildale and North Bakersfield
- East Bakersfield and the Kern River oil fields
- Rosedale and the Northwest
- Stockdale and the Seven Oaks area
- Taft and the Midway-Sunset oil field
- Shafter
- Wasco
- Delano
- Arvin and Lamont
- McFarland
- Tehachapi
- Ridgecrest
- and farming and oil field communities throughout Kern County
Our firm is headquartered at 1700 W Burbank Blvd, Burbank, CA 91506 and serves employees in every county in California.
Why Bakersfield Workers Choose Abramson Labor Group
We represent employees only. No corporate defense. No employer consulting. Every case, every strategy, every decision is built around protecting workers.
Our results back it up. More than 500 five-star Google reviews. Five attorneys recognized by Super Lawyers and Rising Stars. Over 35 years of combined experience. A unanimous jury verdict in a retaliation case.
Zero cost unless we win. Every case is handled on contingency. No retainer, no hourly fees, no expense bills. If we don’t recover compensation for you, you owe us nothing.
We take on the industries that dominate Kern County. Oil companies, agribusiness, logistics firms, and healthcare systems all have legal teams. Now you have one too.
Contact a Bakersfield Employment Lawyer at Abramson Labor Group
If something your employer told you appears on this page — and the law says something different, that’s reason enough to call.
Phone: (213) 493-6300 Address: 1700 W Burbank Blvd, Burbank, CA 91506 Hours: Monday – Friday, 9:00 AM – 6:00 PM Website: abramsonlaborgroup.com
Free consultations. No fees unless we win. Serving Bakersfield, Kern County, and all of California.