Employment Law Attorney in the San Gabriel Valley
California has some of the greatest workplace legal protections for employees and strictest requirements on employers in the country. Many workers people may not even realize the full extent of their rights, which if violated, allow them to pursue claims and damages for the violations of these rights. The rights guaranteed under employment law are wide-ranging and include protection from discrimination, harassment, and retaliation. Employment law governs how employers can hire workers, fire workers, and how they must pay workers. It also makes clear that employers have a responsibility to provide a safe working environment for their employees. An employment law attorney can pursue companies who violate these laws.
If you have been the victim of workplace discrimination, sexual harassment, hostile work environment, retaliation for reporting workplace deficiencies, improperly paid wages, or failure to be provided true meal or rest breaks, the Law Offices of Scott Warmuth can evaluate your claim to help you determine if you have a legal case. We provide free initial consultations and all employment law cases are taken on a no recovery, no fee basis. Call us today at 888-517-9888 to speak with an employment law attorney today.
Employment Discrimination Attorney in San Gabriel
California’s Fair Employment and Housing Act makes clear that it is illegal for an employer of five or more employees to discriminate against protected groups in any aspect of business, from application to termination. Workplace discrimination takes many forms but is almost always rooted in unfair treatment of specific workers. Examples of unfair treatment can include being refused a job or job promotion, derogatory comments by supervisors or coworkers, being paid less than a similarly qualified coworker, and job termination. If a worker is being treated unfairly due to his or her inclusion in a protected class, that worker will can seek damages through a workplace discrimination legal claim.
Employment discrimination is illegal in any business practice, including:
- Advertising a job position
- The job application process
- Screening job applicants
- Interviewing job applicants
- Hiring decision process
- Compensation levels
- Workplace environment
- Union activity
Discrimination targeting any of these protected groups is illegal in California.
- Race or color
- Ancestry or national origin
- Religion or creed
- Age (over 40)
- Physical disability
- Mental disability
- Gender identity
- Sexual orientation
- Medical condition
- Genetic information
- Relationship status
- Military or veteran status
If you have had a negative experience with something on the first list because of something on the second list, you may have a valid discrimination claim under employment law. The Law Offices of Scott Warmuth’s employment law experts want to hear your story. Call us today at 888-517-9888 for a free case evaluation.
Sexual Harassment Attorney in Southern California
Sexual harassment is a specific type of sex discrimination prohibited under employment law. Sexual harassment occurs when physical or verbal harassment of a sexual nature occurs in the workplace. Many people associate sexual harassment with male perpetrators and female victims, but sexual harassment happens to all genders and is perpetrated by all genders. Sexual harassment can be committed by a supervisor, a peer, or a subordinate. Anyone can be a victim. Acts of sexual harassment include:
- Unwanted sexual advances
- Unwanted physical touching
- Requests for sexual favors
- Promising employment or promotion in exchange for sexual favors
- Threatening termination or demotion in the absence of sexual favors
- Sexual assault
- Sexually explicit verbal harassment
- Solicitation of explicit pictures
- Inappropriate workplace jokes or conversations
- Indecent exposure
It is important to note that some lesser, isolated incidents may not be considered sexual harassment and some incidents may be considered more actionable than others. However, repeated actions of sexual harassment can create a hostile work environment. Document every incident in which you think you are being sexually harassed and report it to your supervisor or human resources department. If the harassment does not stop, you may have a legal case. Call 888-517-9888 to speak for free with an empathetic employment law expert.
Wage and Hour Attorneys in California
“Wage and hour” is a catch-all employment term for anything related to wages and working conditions. Wage and hour law governs the rules and enforcement of minimum wages, overtime pay, tips, rest and meal breaks, promised bonuses, employment classification, and more. Violations of wage and hour laws are sometimes difficult to detect, so knowing your rights can help you to ensure your employer is not illegally taking advantage of you.
Minimum Wage – The minimum wage in California in 2021 is $13.00/hour for businesses with 25 or fewer employees and $14.00/hour for businesses with more than 25 employees. Tips do not count towards minimum wages. If you are being paid less than the minimum wage amount by a business, you may be eligible to take legal action to recover lost wages.
Overtime Pay – Businesses are required by law to pay overtime wages to non-exempt employees under certain circumstances. Generally, any hours worked in excess of eight hours in a single 24-hour period and any hours worked in excess of 40 hours in a workweek are to be paid at 1.5 times the regular rate of pay (time and a half). Additionally, hours worked in excess of 12 hours in a single 24-hour period and hours worked in excess of eight hours on the seventh consecutive day of work in a workweek are to be paid at two times the regular rate of pay (double time). Though there are exceptions and nuances to overtime pay, if you are not receiving overtime pay after working extended hours, you may have a legal case to pursue lost wages.
Breaks – Paid work breaks are guaranteed under California labor law. If you work at least 3.5 hours in a shift, you are entitled to a work break. For every four hours of daily work, one rest break of 10 minutes must be provided. You cannot be forced to work through your required breaks. California labor law also requires meal breaks of at least 30 minutes for shifts lasting longer than five hours, with more meal breaks required when the workday exceeds 10 hours. Meal breaks are off the clock and unpaid, but in exchange, you cannot be required to work during any meal break. Workers can be asked to work through a meal break, called an on-duty meal break, but it must be paid and mutually agreed to.
Tips – Businesses must follow rules when it comes to tips and gratuity. Employers cannot consider tips as a part of wages, cannot deduct credit card fees, and cannot take a cut of tips. Tips are allowed to be pooled and shared with other workers, such as cooks and busboys at a restaurant, but are not allowed to be shared with supervisors, managers, or business owners. Financial recovery for violations of tipping rules can be pursued under employment law.
Employee Classification – Companies may try to label certain workers incorrectly to provide fewer benefits. They may try to classify some hourly workers as exempt to avoid paying overtime or could label workers who should qualify as employees as independent contractors to avoid paying benefits. If you are not receiving overtime pay or employee benefits due to incorrect classification, you can pursue a legal case.
Contractual Bonuses – If a company promises a worker a bonus once certain goals are met, the worker meets those goals, and the company does not provide the bonus, the company could be breaking employment law.
Wage and hour law is complicated and nuanced. A dedicated employment law attorney can help you seek lost wages. The Law Offices of Scott Warmuth provides 100% free initial consultations. Call us today at 888-517-9888 to schedule your consultation!
Many workers may feel afraid to report violations of employment law or other illegal activities in fear of how their employer may react. Reporting incidents of harassment, discrimination, fraud, deceptive business practices, violations of health and safety regulations, or anything else implicating the business to either the business itself or to government authorities is a protected act. Even so, some companies will still retaliate against workers who blow the whistle. When this happens, affected workers can pursue the business in court for lost wages, psychological stress, and emotional stress. Punitive damages punishing the business could also be awarded to workers who experience retaliation.
Retaliation can also occur after a work injury. Injured workers have the legal right to pursue a workers’ compensation claim. It is illegal for employers to terminate or harass any worker for reporting an on the the job injury. If you believe you have suffered any form of retaliation while pursuing a workers’ comp claim, be sure to inform your case file manager.
Retaliation can take many forms. Harassment, isolation, demotion, failure to promote, negative performance reviews, and termination are common forms of retaliation. All are illegal. If you believe you have experienced retaliation after reporting an employment law violation, speak with an employment law attorney at the Law Offices of Scott Warmuth. Free consultations are available today at 888-517-9888.
Wrongful Termination Help in the San Gabriel Valley
California is an at-will employment state. This generally means that an employer can terminate an employee at any time for any reason, or no reason at all. Even so, there are certain legal restrictions under employment law as to who can be fired for what. Wrongful termination is the term for when a company violates those restrictions.
When an illegal act under employment law results in the firing of an employee, the employee is the victim of wrongful termination. Wrongful termination can be the result of workplace discrimination of any protected class, actions taken that are designed to create a hostile work environment with the goal of making an employee quit, or retaliatory action against a whistleblower.
Due to the nature of at-will employment, unlawful termination can be difficult to prove. Most employers accused of wrongful termination will deny it and provide a legal reason for why the employee was terminated to obscure or hide any potential illegal factor. Collecting and keeping any evidence that points to wrongful termination is the best way to bolster a legal claim. Items such as positive performance reviews, industry awards, records of conversations, and emails can help prove an unjustified firing based on discrimination or retaliation.
Our employment lawyers can help you determine if you have a legal case for wrongful termination. Call us today at 888-517-9888 to schedule a free consultation!
Employment Law Attorney in Southern California
The Law Offices of Scott Warmuth helps workers who have been treated unfairly seek compensation under employment law. Victims of harassment, retaliation, wage theft, and any other violation of employment law face an uphill battle to prove their claims. Our attorneys will listen to your story with empathy and understanding to help you determine the best course of action for your legal claim. We have been helping our clients seek justice since 1984.
We’re on your side, all the way!
Call the Law Offices of Scott Warmuth now at 888-517-9888 to schedule a free legal consultation with an employment law attorney today!