Employment Law

California Meal Break

Under California meal break law, each employee is entitled to a thirty-minute duty free meal break at the end of the fifth hour if they work over six hours in a day. Failure to receive the meal break prior to the end of the fifth hour is a violation, and the employee is entitled to a premium. Often employees are required to clock out and remain at work during their lunch break.

This is a violation of California law. Employers are required to pay a premium for each meal break violation. Our team of employment attorneys in Los Angeles have experience prosecuting cases of meal break violations against California employers. These violations include off-the-clock work during meal breaks, short meal breaks or untimely meal breaks.

CA Overtime Payment

If you work more than 8 hours per day, your employer is supposed to pay you time and a half for each hour worked after the eighth hour. If you work more than 10 hours per day, then the employer is supposed to pay double. Often employers try to pay the portion of the time worked after the eighth hour the same amount as the regular pay. If you did not receive your overtime payment, or your employer paid you the regular time for your overtime, please call Employment Rights Law Group to discuss your case.

Sexual Harassment

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when either: The conduct is made as a term or condition of an individual's employment. Sexual harassment could be quid pro quo meaning that the employer requires sexual favors as a condition of the employment, and failure to do so will result in termination. The other type of sexual harassment is a hostile work environment. A hostile work environment is created where coworkers or supervisors contribute to an environment of harassment.

In California, the employer remains strictly liable for sexual harassment made by supervisors. If the harasser is a supervisor or part of the management team, then the employer remains liable.

The employer is also liable for the sexual harassment by another employee, if the employer has knowledge of the sexual harassment.

The attorneys at Employment Rights Law Group, APC have handled multiple sexual harassment cases in the past and therefore have the knowledge to correctly assess your case.

Medical Disability Discrimination

California’s Fair Employment Housing Act protects employees from any adverse employment action based on a medical disability or medical condition. Unlike for disabilities, an individual claiming a medical condition does not have to show the medical condition has limited a major life activity. Federal and California law requires employers to make certain accommodations to allow individuals with disabilities to work. Employers are required to provide reasonable accommodations to employees with disabilities. This includes employees facing serious illnesses such as cancer or other medical conditions.

Gender Discrimination

Gender discrimination occurs when an employer discriminates against you because of your gender in hiring, promotion or firing. Repeated acts that contribute to a hostile workplace, where you feel unwelcome or unsafe because of your gender, also count. Gender discrimination is legally actionable if you reported it to a superior or management and nothing was done. Both men and women can be subject to gender discrimination. Employers cannot discriminate against an individual because of gender identity, including transgender status, or because of sexual orientation.

Off-the-Clock Work

Off-the-clock work involves the situation where an employee works for the employer while1) having already clocked out ; or 2) working during their meal break/rest break. This happens when the employee has clocked out from work, or the employee is outside of the place of employment and continues to perform the duties benefiting the employer. The employer is responsible for the time that the employee has worked off-the-clock. Failure to reimburse the employee for any time worked off-the-clock is a violation of California wage and hour regulations. If you were required to remain at work after clocking out, or the employer asked you to perform job related activities while outside of the office, then you might have a claim for off-the-clock work. Contact our team of attorneys at Employment Rights Law Group, Apc.

Misclassification

A recent change in California employment law now requires that employers consider all employees working under the direction and supervision of an employer as "W-2" employees, rather than an independent contractor, unless there is a legal exemption. Based on the new statute, AB5, most of the categories of employees previously classified as independent contractors must be now classified as a W-2 employee. This will now require employers to pay taxes and social security contributions. Often employers would rather have an employee work as an independent contractor to avoid paying the employer’s portion of taxes. If you have been classified as an independent contractor, you might have a valid claim against your employer. Please contact our team of experienced attorneys at Employment Rights Law Group, APC today to discuss your case. Our team of attorneys can determine whether you have been misclassified from the beginning of employment.

Class Action

Class actions or collective actions allow an individual plaintiff to bring a lawsuit on behalf of himself and all similarly situated employees for the employer's violation of California Rules and procedures. Attorneys at Employment Rights Law Group have worked on numerous class actions in the past. In a class action lawsuit, you are one of several plaintiffs who are filing a claim for the same reason. An attorney or team of attorneys will serve as the representative for all plaintiffs. In this scenario, your lawyer will serve the interest of your group rather than you as an individual.

If the case is successful and compensation is awarded, it will usually be distributed equally among all plaintiffs. The main benefit of a class action lawsuit is to hold the defending party accountable for wrongdoing and force them to make changes that will benefit those who have been affected.

Commission Pay

If you work based on commission, you are entitled to compensation for making sales or completing tasks. In California, commissions are not classified as discretionary, meaning that an employer cannot withhold your payment so long as you meet the requirements for commission. In addition to commission, all employees are entitled to a base rate of pay so that they can count on income for the time they worked. If you have questions regarding your commission, or your Employer failed to pay your base salary, please contact our attorneys at Employment Rights Law Group.

Reasonable Accommodation

In the case of physical disability, an employer must provide reasonable accommodation to the employee requesting such accommodation. Reasonable accommodation refers to the provision of conditions, equipment, and environment that enable an individual to effectively perform his or her job. If you have been terminated because of your physical disability and the employer did not take reasonable accommodation, then you might have a valid claim against your employer. Our team of employment law attorneys will be able to help you.

Pregnancy Discrimination

Pregnancy discrimination occurs when the employer fails to promote, demotes, fires or lays off an employee because of pregnancy. Pregnancy discrimination includes the scenario where an employer interferes with pregnancy-related disability leave. It also includes all sort of retaliation based on pregnancy. In fact, pregnancy discrimination is situated at an interplay between discrimination and pregnancy law. If you have been victim of pregnancy discrimination, or laid off during your pregnancy, please call our team of experts at Employment Rights Law Group, APC, today.

Religious Discrimination

Religious discrimination could appear in two general categories: 1) an employer treats an employee differently based on their religious affiliation; , or 2) an employer fails to accommodate an employee’s religious expression. If you have been treated differently based on your religion, or your employer failed to accommodate your religious expression, then you might have a case. Contact our team of employment attorneys to discuss your case.

Whistleblower

If you think that your employer is violating the law, and you report the illegal violation or activities, then the employer cannot retaliate by firing you or treating you adversely. This will be considered as retaliation. Call our offices today to discuss any retaliations that you have suffered as a result of reporting any illegal activities to your employer or authorities. If your employer pressures you to commit illegal activities and you are fired because of your resistance to participate, then feel free to contact our team of attorneys.

Employment Rights Law Group, APC

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