Employment law encompasses a range of legal matters, such as wage and hour violations, employee misclassification, wrongful termination, discrimination and whistleblower rights.
When searching for an employment lawyer in Los Angeles, it’s important to select one with extensive experience and specialized knowledge of this field of law. Look out for positive reviews, recognition and a history of successful cases they’ve handled as well as their history with the following, common problems.
Problem #1.) Employee Misclassification
Employee misclassification is a frequent issue that employment lawyers in California encounter. This occurs when an employer misclassifies a worker as an independent contractor instead of a regular employee, which violates California labor law and can lead to various penalties for the employer.
It is also in violation of the state’s workers’ compensation laws and unemployment insurance regulations, leading to stress and confusion for employees. It could have an adverse effect on relationships between employers and employees – particularly in customer-facing roles – by disrupting work-life balance.
Employers found to have misclassified a worker may be held liable for damages under California’s Labor Code Section 226.8, which you can read here. Penalties for each isolated misclassification range from $5,000 to $15,000, while misclassifications that form part of an ongoing pattern or practice could fetch up to $255,000 in damages.
A qualified attorney can assist you in establishing the correct classification for you and your situation. They may also help recover any losses caused by misclassification, such as wages, benefits, and business expenses that the employee themselves has undertaken.
Problem #2.) Wrongful Termination
If you work in California, then you are likely familiar with the state’s at-will employment laws, which allow employers to dismiss employees without cause. But when an employer violates these rules and commits wrongful termination, workers may have a legal avenue for recovery through litigation.
Thankfully, several types of attorneys can be retained to help with these issues. For instance, a qualified Los Angeles employment lawyer can explain your rights as an employee and assess if your case has merit. They also assist in gathering the necessary evidence for support of your claim.
Documenting any events leading up to your termination, including conversations with supervisors and co-workers, performance reviews, and witness accounts, should be recorded for evidence of wrongful termination and retaliation. These records can serve as evidence in support of these claims.
You could possibly receive damages for your loss of income, medical expenses and other losses. You might be eligible for back pay for time lost at work and punitive damages to punish your employer’s wrongful actions.
In some instances, a wrongful termination lawsuit may even lead to reinstatement of your former job position. This could provide you with a fresh start and make the situation much less stressful for you.
Problem #3.) Discrimination
If you are the victim of discrimination in your employment, California has anti-discrimination laws to safeguard you. These rules supplement federal ones and aim to guarantee all employees equal treatment.
The Fair Employment and Housing Act is the primary law in California that addresses workplace discrimination. This comprehensive set of rules strives to guarantee equal treatment for all individuals, and it has become one of the nation’s most prominent legal initiatives.
Under FEHA, employers are prohibited from discriminating against an employee based on race; ethnicity, national origin, religion, gender identity/sexual orientation age marital status physical/mental disability status genetic information as long as there is no legitimate business reason for doing so.
The Equal Employment Opportunity Act (EEHA) prohibits employers from discriminating based on race or ethnicity in hiring practices or other interactions. Even light teasing or criticism can give an employee the impression of being discriminated against.
Discriminating against employees based on religion is illegal, provided the employer can prove their religious beliefs are good to the job and not simply “political affiliations.” These protections apply to large traditional churches as well as any other organization or individual with strong religious convictions.
Problem #4.) Wage and Hour Violations
It is important to be aware that wage and hour violations are strictly prohibited in the state of CA. Employers who fail to fulfill their legal duties or intentionally attempt to avoid paying employees can face serious repercussions for workers in this state.
If your employer has violated your wages, it’s time to reach out to an employment lawyer in Los Angeles. A skilled attorney can assist with building a case against the employer, managing claim negotiations and advocating for your rights in court if needed.
One of the most frequent wage and hour violations is salary misclassification, which occurs when an employee is incorrectly classified as an independent contractor instead of an employee. This could lead to them not receiving overtime when working more than 40 hours in a week or not being reimbursed for time spent preparing or donning gear before their shifts begin.
Another frequent wage and hour violation is failing to provide proper breaks. These are the times of rest that California requires employees to take after each shift. The law also dictates what types of breaks can be denied and for how long they must last.
Many employees find it challenging to keep track of days when they’re denied meal breaks or rest periods, which is where an employment lawyer in Los Angeles may be able to assist. A qualified legal firm will possess all of the resources and know-how needed to help you pursue compensation for all work hours lost due to these violations.
In addition to reporting the violation to your local labor agency, you should also file a wage and hour complaint with the Division of Labor Standards Enforcement (DLSE). This procedure is used by both the DLSE and its federal counterpart to investigate and enforce wage and hour laws.
It is wise to assemble evidence from other workers who have suffered similar wage and hour violations as you, in order to back up your claims. Doing this may enable you to launch a class action lawsuit against your employer, allowing for financial recovery to be shared among those who suffered similar losses.
