Los Angeles employment law encompasses an expansive body of laws designed to promote fair treatment and prohibit discrimination, and to help workers understand their rights and responsibilities as part of an employee relationship. To learn about the services an employment lawyer may help you with, read on.
Discrimination
The federal Fair Employment Standards Act (FESA) and California Labor Code both prohibit discrimination in the workplace based on age, race, gender, religion, national origin or sex. Both laws also offer protection from harassment and retaliation by employers both public and private.
An employer is violating the Family Employment Housing Act when they make decisions that impact an employee’s job based on protected categories, such as promotions, shift assignments, performance reviews or any disciplinary actions such as demotion or firing.
It also covers how an employer treats workers who possess similar qualifications but different protected class status; for instance when an older man applies for work at a trendy women’s clothing store and the interviewing young woman tells him he reminds her of her grandfather – only later to hire someone younger with whom customers could relate better – this would be discrimination on age and gender grounds.
Employers often refuse to acknowledge they have violated employment law rules, so it is crucial for employees to enlist the services of an experienced attorney in determining if there is sufficient evidence supporting an employment law violation claim – this may include written statements, emails or memos that clearly show unfair treatment based on protected categories.
An employee should properly identify what workplace discrimination is to properly file claims when necessary.
An experienced Los Angeles employment law firm can not only protect workers from discrimination and harassment, but can also assist clients in recovering damages for wage-hour violations and other forms of workplace misconduct such as unpaid overtime, inaccurate hourly calculations, failure to pay proper minimum wages and failure to provide compensatory breaks.
Harassment
Harassment in the workplace is not only illegal but can be physically and psychologically damaging as well. If you find yourself being harassed at work or have been subjected to retaliation after reporting harassment, it is imperative that you act quickly with an employment attorney ASAP. Your time for filing claims may be limited so be sure that you partner with an experienced firm in order to safeguard your rights and make filing claims easier.
There are various forms of harassment, but three that stand out are verbal, sexual, and physical harassment. Each form can create an uncomfortable work environment, damage your wellbeing, and hinder performance of duties at work. You could suffer physical and emotional repercussions as well as financial ramifications as a result.
Under California law, employers are held liable for harassment occurring on their premises or under their control; however, it may be more challenging to prove liability if harassment takes place outside of an office environment or by someone other than an employee (for instance a customer).
Whether it is your supervisor or another employee at work who is harassing you, it is crucial that you speak with an employment lawyer in Los Angeles immediately to explain what has occurred and possible damages such as lost wages and emotional distress compensation.
Wrongful Termination
Wrongful termination is an act of workplace discrimination and may arise in various scenarios. Such cases usually allege an employer fired their employee in violation of state or federal employment law; an experienced Los Angeles wrongful termination lawyer can help you pursue damages in your claim.
California is considered an “at will” employment state; however, employers cannot fire employees for reasons which violate state and federal labor laws. Such violations include firing workers based on race, gender, religion, disability status or age – it’s also unlawful for an employer to terminate an employee in violation of his/her rights under Family Medical Leave Act.
If you are uncertain whether you have a valid wrongful termination claim, as described on this site, it is advisable to seek legal advice immediately. A claim could exist if your firing violated either state or federal laws or was in retaliation of exercising your rights as an employee.
Employers may also be found guilty of wrongful termination if they breached an employee’s written or verbal employment contract or agreement, and violated state or federal labor law provisions like Fair Labor Standards Act by paying less than minimum wage or failing to provide necessary equipment and tools to complete your job duties. You could file a wrongful termination suit if this happened to you.
Sick Leave
An employee has the right to take time off for medical purposes without facing retaliation from employers, typically as part of an employer’s paid time off policy. Some employers provide a fixed number of sick days each year while others allow workers to accrue it proportionately over 30 hours worked; under California Healthy Workplaces, Healthy Families Act employees must receive at least 48 hours paid sick leave annually.
The new state law permits employees to utilize accrued sick leave for both foreseeable and unforeseeable circumstances, including doctor’s appointments or family emergencies. Domestic violence or sexual assault victims can use accrued sick leave – although the new legislation remains silent as to whether employers must require proof that an illness exists before using accrued sick leave.
Starting January 1st 2022, employees started to earn up to 40 hours of paid sick leave annually (source: https://www.employmentlawworldview.com/attention-california-employers-soon-you-will-need-to-provide-employees-five-days-or-40-hours-of-paid-sick-leave-us/). Prior to that date, accrual was limited to 24 hours or three days each year and could only be carried forward one time each year with a maximum carryover allowed was 48 hours six days. Employers must implement either an accrual or lump-sum policy and both methods meet minimum requirements established in law.
Additionally, the law prohibits employers from denying an employee’s request for sick leave, or retaliating against them when using sick time or taking time off due to public health emergencies. Violating employers could face penalties that include reinstatement and back pay payments, plus fines and attorney’s fees as damages.
If an employee alleges any violation they can file an unfair business practices claim with the Labor Commissioner that could lead to reinstatement and back pay payments as well as reasonable attorney’s fees being awarded – plus reasonable attorney’s fees as compensation!