Employment law is in place to protect you from improper actions or violations by your employer. Potential actions against your employer can include harassment, hostile work environment, discrimination, wage and hour violations, and retaliation by your employer for complaints you may have filed, other claims or suffering an injury.
How do I know if I have an employment case?
If you can identify with any of the actionable causes discussed below, you may have a viable employment claim. Please contact us for a free consultation with one of our experienced attorneys.
Wage and Hour
California has many laws to protect the employee from incorrect or improper payments by their employer. There can be many different instances where you are not being paid properly for your labor. This includes but is not limited to: failure to pay overtime; improper calculation of overtime; failure to properly account for breaks or lunch; failure to receive breaks or lunch.
Calculation of overtime is not simply paying you 1.5 times your regular rate for working more than 8 hours a day, or hours worked over 40 hours a week. If you receive some compensation in addition to your hourly rate, this should potentially be included when calculating your overtime pay. Also, an employer must pay an employee 2 times their regular rate of pay for any time worked more than 12 hours in a day.
The current minimum wage in California is $10.00 an hour. You may not be paid less, even if you agreed to it. In California, your employer may not count your tips toward the minimum wage. If paid by piece rate or commission sales, your employer must still pay you at least the current minimum wage.
If you feel you may have a wage and hour claim, please contact us for a free consultation.
In California, it is normally against the law for an employer to discriminate against an employee based on any of the following characteristics.
2. Skin color
3. Sexual orientation
4. National origin
6. Physical disability
7. Mental disability
8. Medical condition
9. Marital status
10. Age (if 40 or older)
11. Genetic information
15. Gender identity
16. Gender expression
17. Having gone through bankruptcy
18. Refusing to sign a release of medical records
If you feel there is evidence that demonstrates that your employer is treating you differently based on one of your protected characteristics, then please contact us. Be mindful to save documents, texts, emails, and names of potential witnesses with contact info, etc. that will help support your claims.
Harassment can be sexual in nature or based on race, sexual orientation, gender, physical or mental disability, or any other protected characteristic. The harassment can be from a boss, supervisor, co-worker, customers, or from multiple sources. If you feel you and/or your co-workers are being harassed, please contact Work Injury Law Group LLP for a free consultation.
It is illegal under both California Law and Federal Law for your employer to retaliate against you for filing a claim with the Labor Commissioner or the Department of Labor, filing a lawsuit against them, or filing complaints and/or “whistle-blowing” about safety, harassment or wage and hour violations. Actions that constitute retaliation include but are not limited to firing, demotion, or reducing your work hours.