Employment Lawyers Los Angeles
Employment Discrimination Lawyers Protecting Employees in the Workplace.
Employee discrimination, sexual harassment, wrongful termination, retaliation, employee contract issues, payroll issues, family and medical leave issues, and more, are matters of employment law. When employees are mistreated at work due to any of these issues, they need to consult an employment law attorney immediately.
For over 25 years, the dedicated Los Angeles employment lawyers at the Derek Smith Law Group in Los Angeles have worked with employees to achieve justice in employment law cases.
What Constitutes Employment Law in Los Angeles?
Employment law matters cover all areas of employment issues concerning hiring, firing, time off, salary, and treatment at work are some of the areas of employment law. Below are the 8 practice areas included under the heading “employment law.”
1. Employment Discrimination. Employment discrimination occurs when an employee or job applicant is treated poorly because of specific reasons, known as protected classes. Protected classes in Los Angeles include the following:
● National Origin
● Sexual Orientation
● Gender Identity/Representation
● Genetic Information
● Military Status
● Veteran Status
● Citizenship Status
● Familial Status
2. Sexual Harassment. Sexual harassment is a form of sex discrimination. It occurs when an employee or job applicant experienced unwelcome sexual advances, comments, or contact in the workplace. Sexual harassment perpetrators include:
3. Retaliation. Retaliation is a violation of labor laws in Los Angeles. According to the law, an employer cannot treat an employee negatively for:
- Refusing sexual advances
- Refusing to participate in criminal activity
- Agreeing to cooperate with authorities
- Filing a complaint about violations of the law.
California is an at-will employment state. Therefore, an employer can fire you for almost any reason, or no reason at all. There are times termination is considered wrongful.
If you are fired due to your status in a protected class or as a form of retaliation, you may have a claim for wrongful termination.
5. Employee Contracts. Some employees have employment contracts. A contract outlines the terms of employment. Usually, the agreement includes salary, duties, and length of work. Contracts prohibit employers from terminating employment for any or no reason.
When your employer breaks the contract, you must contact a labor lawyer in Los Angeles.
6. Family and Medical Leave. California laws provide employees paid leave to care for a family member or personal injury or illness. An employer cannot refuse this leave to qualifying employees.
7. Whistleblower. California whistleblower laws protect any employee who reports illegal actions or unsafe working conditions to the proper authorities. Whistleblower laws protect you from retaliation, whether you report to local or federal government agencies or the appropriate employees.
Whistleblower lawyers also help you in the process of blowing the whistle on your employer. The process may include legal issues and compensation under the laws.
8. Wage and Hour. Wage and hour laws relate to your compensation and overtime pay. You have the right to be paid for hours worked. Your employer must classify you as hourly or salary, based on federal and local laws.
Finally, you have the right to earn at least minimum wage per California law. California law sets the minimum wage at $12 an hour for companies with 25 or fewer employees. The minimum wage is $13 per hour for companies with 26 or more employees.
What Are Examples of Violations of Employment Laws in Los Angeles?
Employment law breaches occur in numerous fashions throughout California and Los Angeles. Some examples of violations of employment laws include:
● Your employer refuses to allow Muslim women to wear a burqa to work.
● Your coworker makes sexist comments that pregnant women should not be allowed to work once they are mothers.
● Your supervisor asks you on dates at least once a week, even though you refuse every time.
● Your manager refuses to accommodate you for your disabilities by giving you a morning shift. You have doctors’ notes explaining that your chronic pain syndrome is worse at night. Therefore, you cannot work at night.
● Your CEO insists all women wear high heels and tight, straight-legged pants or pencil skirts to work.
● Your employer will not offer your husband health insurance under your health benefits.
● Your employer will not approve your time off to marry your same-sex partner. This employer has given heterosexual couples two weeks off to celebrate their marriage without using their provided vacation time.
● Your client refuses to work with any Asian employees.
● Your boss demotes you because you refused her sexual advances.
● The hiring manager asked your age during the interview. You said you are 52. You were not offered a job.
● Your boss fires you while you are on maternity leave because he does not want any new mothers working. He thinks they are not dependable employees.
● You are a waiter. Your tips, during a slow turn for the restaurant, are not equivalent to the minimum wage in California. Your employer does not make up the difference in your paycheck.
● Your boss refuses to pay you for overtime hours worked. You are an hourly employee.
● Your employer does not hold your job or offer an equivalent position when you return from family and medical leave.
● Your employer pays you less than agreed in your contract. He then ends the employment terms early without a valid reason.
● You work for a company with 50 or more employees. The company has a mass layoff, and you were not given proper notice under the WARN Act.
● Your company wants you to alter data for government reporting to save money and taxes. You refuse and report these actions to the IRS. Your company fires you for reporting the illegal activity.
What Laws Protect Employees In Los Angeles?
Federal and state laws protect employees from any wrongdoing in the Los Angeles workplace. Some of the laws which protect employees from any of the employment law issues listed above include:
- Title VII of the Civil Rights Act of 1964
- The Americans with Disabilities Act (ADA)
- The Age Discrimination in Employment Act (ADEA)
- The Pregnancy Discrimination Act (PDA)
- 42 U.S. §1981
- The WARN Act
- The Family and Medical Leave Act (FMLA)
- The Equal Pay Act of 1963 (EPA)
- The Genetic Information and Nondiscrimination Act (GINA)
- The Uniformed Services Employment and Reemployment Rights Act (USERRA)
- The Fair Labor Standards Act (FLSA)
- The Fair Employment and Housing Act (FEHA)
- California Paid Family Leave (PFA)
- Wage Theft Protection Act
What Remedies Are Available to Victims of Employment Law Violations in Los Angeles?
Victims of employment law violations are entitled to compensation. Courts will offer remedies depending on the law and violation. Some laws provide more significant monetary awards than others. Remedies are based on the demand you and your labor law attorney make and the damages you suffered.
Our Qualified Employment Attorneys in Los Angeles are Ready for Your Call.
Working in an environment free from labor law violations is a right, not a privilege. Do not waste another moment dealing with these violations of your rights.
Contact the experienced labor and employment law lawyers at the Derek Smith Law Group in Los Angeles for your free consultation. Call today at (310) 602-6050 or fill out our online form. We only collect fees when you recover.