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Showing posts with the label labor lawShow all
What Does Sexual Harassment In The Workplace Look Like In California?
Sexual harassment is a severe offense in California employment law . While there are obvious signs of it, such as unwanted physical touch and verbal harassment, some might go unnoticed. If you don't know you've experienced sexual harassment in the workplace , then you might not be able to address the current problems that get in the way of your ability to work and your emotional well-being. That said, here's what you need to know to easily spot sexual harassment in the workplace: Recognizing California Sexual Harassment In The Wo…
How To Prove Discrimination In The Workplace In California
To convince the court they have a solid case, the party filing the employment lawsuit in California must make specific legal claims. If you are a victim of discrimination at work, you might sue for the following: Violation of the Fair Employment and Housing Act Wrongful termination Retaliation Other unlawful employment actions rooted in unfair treatment Your case will be handled and judged depending on what you're suing your employer for. The evidence and the process will change depending on the cause of action pursued. Let's look at h…
I Was Fired For Taking A Medical Leave In California. Can I Sue?
So, the vital question is: can my employer fire me for taking medical leave? No. Legally, an employer cannot discharge an employee for requesting or taking medical leave to care for themselves or a close relative. Additionally, medical leave taken in accordance with the FMLA or California's parallel CFRA law is job-protected. This indicates that an employee who needs to take a medical leave of absence is allowed to return to the same or a comparable job position. So, if it's considered illegal, you can sue, right? Yes, but like most ci…
Employers Can't Punish Whistleblowers In California
Employees are hesitant to report their boss because of the perceived consequences of doing so. After all, employers are the ones who hold your paychecks, so workers are scared to be on their bad side. Hence, California employment law has established a way to encourage employees to do the right thing and report potential wrongdoing. So, if you report your boss to OSHA or the IRS for potentially illegal activity, you can't be punished for it. You can't be fired, demoted, suspended, harassed, or get pay cuts for reporting your boss. Howe…
What Can You Do About Late Paychecks In California?
People work to pay bills and do so on time. Any payment delays can derail deadlines, bills, and essential purchases. In California, an employer who fails to make timely wage payments faces fines. You may also take legal action to recover losses caused by these delays. You essentially compensation for any losses you experienced due to your employer's failure to pay you when you make a claim against them for unpaid wages. Let's look at your possible legal options for back pay, as experienced by prescreened California unpaid wage lawyers…
Can My Employer Fire Me For No Reason In California?
The short answer: It depends. Here's how "firing for no reason" applies to certain types of employees: If you're working "at-will, " your employer can fire you for any reason. If you're an exempt employee or have a signed contract that prohibits termination without just cause, you can't be fired for no reason. If the reason for your termination is illegal under California employment law. This applies even if you're working at-will in California. If your firing is considered illegal in California, the…
Do Pregnant Workers Have A Right To Medical Leave In California?
Under California employment law, pregnancy is considered a temporary disability. Hence, it is regarded as a protected attribute. Therefore, discrimination against pregnant employees can qualify as sex-based and disability-based discrimination. That said, pregnant employees have many employment protections and benefits, including filing for a leave. Let's look at how that works and what your right to file an employment leave is, as experienced by prescreened California Employment Law Attorneys : How Pregnant Employees Can Take Leave From W…
What Can You Sue Your California Employer For?
If your employer violated your California employment law rights, you have grounds to file a lawsuit. That said, what can you sue an employer for? What are your employment law rights in California? Let's look at the most common reasons to sue employers in California: Common Reasons To Sue An Employer In California
What Is The Minimum Wage Of An American Worker And In California?
The minimum wage under the Fair Labor Standards Act (FLSA) is $7.25 per hour. The minimum wage is a safety net that protects employees and workers from being exploited and underpaid. However, if you are working or planning to work in California, the state laws on minimum wage is different. A lot of set labor laws under FLSA significantly differ from California's. So let's look at how this might affect you, your employer, and your employment rights in California : Minimum Wage Laws, FLSA, And California State Policies
What Are The Possible Challenges In Employment Lawsuits In California?
Although our California employment law attorneys are experienced and competent in labor lawsuits, it does not benefit anyone to keep clients in the dark about the possible difficulties of pursuing a case. After all, filing a civil claim requires ample attention to deadlines, requirements, and proof-gathering to be successful in California. So, what are the possible hurdles to expect when filing employment law cases in California? How can a prescreened California employment attorney alleviate the potential problems you might face? Possible …
5 Federal Laws That Protect California Employees
Some employment laws at the federal level may vary from state-level policies in California. This is because federal employment laws tend to be broader, more like a baseline, and more comprehensive policies are applied in state laws. Fortunately, California laws offer more benefits and rights to workers. That said, let's look at federal labor laws and how they might differ from California employment laws. Federal Laws, California Employment Laws, And How It Affects Employees And Workers
When Are Workplace Penalties Illegal In California?
Most employees understand that grave slip-ups can cause punishments or penalties. For example, if you've damaged some merchandise due to negligence, your employer might hand down a pay cut. That said, some "penalties" aren't legal. Employers aren't free to hand down pay cuts and demotions, especially when the reasons for it are illegal. Not to mention, California labor laws are pretty comprehensive, especially compared to other US states. So, do you feel you've been unfairly punished or retaliated against? Here's …
Can You Be Fired For Taking A Military Leave In California?
We've all heard about terrible employers prioritizing business profit at the cost of their employees' well-being. To the unsympathetic employer, taking time off means you're not doing work and will sometimes penalize you. Fortunately, California has comprehensive labor laws that protect employees from unlawful discrimination and retaliatory practices. That said, what if you're called to serve in the military? Does your employer have the right to fire you then? Let's look at what our USERRA lawyers in Los Angeles have to s…
Do I Have To Get Paid For Travel Time In California?
Whether a genuine mistake or an intentional attempt at wage theft, employers will refer to the FLSA and overlook specific requirements in California labor law. While the Fair Labor Standards Act sets a standard at the federal level, California has more comprehensive labor regulations. This means that there may be things that the FLSA doesn't require, but California law does. As a result, you might be a victim of wage theft without knowing it. Here's a quick and easy guide to the most overlooked compensation regulations in California: O…
Who Much Is My California Wrongful Termination Claim Worth?
A successful wrongful termination claim in California will enable a plaintiff to get compensation in damages. The aim is to award an aggrieved employee with compensation for their losses. In most cases, these damages are monetary, even if it seeks to compensate for more subjective losses like emotional distress. Although juries don't follow a set formula, you can estimate your potential awardable damages by looking at the factors that affect it. Here's how Los Angeles wrongful termination lawyers calculate your potential receivable d…
What To Ask Your California Lawyer About Unsafe Work Environments
Your boss has the responsibility to keep you safe at work. If you get injured, they will be liable to pay workers' comp in California . That said, how do you go about getting that compensation? There might be a lot of requirements you need to meet before becoming eligible to file for workers' comp or sue your boss. So let's look at what goes down when you consult with a California workers' comp lawyer and what factors might affect your decision: The Legal Aspects Of Unsafe Working Conditions And Workers' Comp In Californ…
How Do You Get Back Bay From Your Employer In California?
Companies are frequently audited and investigated by the State of California's Division of Labor Standards Enforcement (DLSE). As a result, the majority of employees will be informed if back pay is determined to be due. In addition, the DLSE will typically send a formal notification informing the recipient of the state or federal wage infraction and the amount owing. Unfortunately, even though this sounds convenient, it doesn't always happen. Sometimes, it's up to you to determine if a violation occurs. Here's what our prescree…
How To Get Workers' Compensation In California
Depending on the nature and severity of the injury, the short- and long-term consequences on work capacities, and how the employer and claims administrator respond to the claim, the workers' compensation process can look different for each person. That said, let's look at the most common aspects of workers' comp, as they are often handled by our prescreened California Labor Law Attorneys . Find A California Employment Lawyer Near Me
When Should You Call A California Labor Lawyer?
You will need a California Employment Attorney to fully enforce state and federal laws protecting employees from illegal conduct by their employers. Most attorneys who represent employees do so because they recognize that non-unionized employees have little leverage against their employers. Find A California Employment Lawyer Near Me
California Employment Law: What Does "Blowing The Whistle" Mean?
You cannot be fired for reporting unlawful or unethical business practices at your place of employment. However, in California, there are additional employee rights for whistleblowers, which we shall cover in this blog post. Find A California Employment Lawyer Near Me
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