employee-law-group-2

Expense Reimbursement: What Are Your Rights as a California Employee?

Tue, 28 Apr 2026 14:54:19 GMT

Paying out of pocket for work happens more often than it should. Gas for a job site, a personal phone used for calls, supplies picked up just to keep things moving. Then the reimbursement never shows up. No clear answer, no timeline, just another expense absorbed.

That is where the problem starts. Many employees assume the employer decides what gets reimbursed. In California, that assumption is wrong. Employee expense reimbursement is not optional; it is a legal obligation.

Under state law, if an employee incurs a business expense to perform their job, the employer must reimburse it. This applies across industries and job roles in Torrance, CA, and throughout the state. When that does not happen, the issue is not just frustrating; it may be unlawful.

This guide to employee expense reimbursement explains what qualifies, how the reimbursement process should work, and what steps to take if your employer fails to pay.

��What You’ll Learn From This Article (TL;DR)

What qualifies as a reimbursable expense under California law
How the expense reimbursement process should work from start to finish
The most common expense categories , including travel, phone, and remote work costs
What expenses are not covered, and where confusion often happens
How to properly submit an expense report , including receipts and documentation
What “within a reasonable period” really means for receiving reimbursement
Common mistakes employers make when reimbursing employee expenses
Your legal rights if reimbursement requests are denied or delayed
How to file reimbursement claims and recover unpaid employee expenses
When to speak with an employment lawyer and what to expect next

The Legal Foundation: California Expense Reimbursement Law

California law sets a clear rule under California Labor Code Section 2802. If an employee incurs a necessary expense for work, the employer must cover it.

This law applies to almost every type of employee expense reimbursement . It includes travel, tools, phone use, and more. The goal is simple. You should not pay out of pocket to keep your job.

The statute also connects to how companies handle payroll and taxes. When reimbursements follow a proper accountable plan , they are not treated as taxable income under Internal Revenue Service guidelines .

What “Necessary” Means Under the Law

Before you assume every expense qualifies, you need to understand what the law considers necessary.

A reimbursable expense usually meets these conditions:

You incurred it while performing your job
It directly benefits the employer
It was reasonable in amount

For example:

Mileage reimbursement for client visits
Phone usage for work communication
Internet costs for remote work

Courts have made it clear that even partial use matters. If you use your phone for work, even a little, your employer still has to reimburse a reasonable portion.

Employer Responsibility vs Employee Burden

Employers sometimes try to shift costs quietly. They expect you to absorb expenses or delay reimbursement.

That is not allowed.

You are not responsible for:

Covering company expenses
Fronting money long-term
Guessing what will be reimbursed

Important: If you pay for something required by your job, the employer must reimburse you. That obligation exists even if the company has a weak or unclear expense reimbursement policy .

What Expenses Must Be Reimbursed

Not every expense looks the same, but the law focuses on one question first: Was the cost necessary for your job? Once you understand that, it becomes easier to see which expense categories qualify for reimbursement.

Work-Related Travel Expenses

Travel is one of the most common areas for disputes.

A typical travel and expense claim includes:

Mileage reimbursement based on IRS rates
Gas, parking, and tolls
Airfare and lodging

If you drive your own car for work, that is a reimbursable expense. You should track mileage and submit an expense report with supporting records.

Personal Cell Phone and Internet Use

This one surprises a lot of employees.

If your job requires calls, texts, or apps, your employer must reimburse part of your bill. Even if you have an unlimited plan, the law still applies.

Common issues include:

Employers offering low flat stipends
Disputes over the reimbursement amount

A fair approach looks at how much of your usage is work-related. It does not have to be exact, but it must be reasonable.

Tools, Equipment, and Supplies

If the job requires it, the employer pays for it. That includes:

Laptops or software
Uniforms or safety gear
Office supplies

If you create an expense to keep work moving, it likely qualifies. Just make sure you keep a receipt and document the purpose of the expense.

Remote Work and Home Office Costs

Remote work changed how expense reimbursement works.

When the employer requires remote work, they must cover:

Internet costs
Electricity related to work use
Office equipment when necessary

This is not optional. If the expense is incurred because of work, reimbursement applies.

Business Expenses Paid Out of Pocket

You may also incur:

Employee meals for business meetings
Client-related costs
Subscriptions or tools

These are all part of managing employee expenses . The employer must reimburse you if the expense was necessary and reasonable.

What Expenses Are NOT Covered

It helps to flip the question for a moment; instead of asking what gets reimbursed, you need to look at where the line is drawn so you do not assume every expense will qualify.

Personal or Optional Expenses

Not every purchase qualifies.

Examples that may not be reimbursable:

Upgrades beyond what the job requires
Personal convenience purchases

The key question is simple. Was the expense necessary for work?

Unauthorized Purchases

If your company has a policy in place, you need to follow it.

Issues often happen when:

Employees skip approval
Purchases exceed limits

Still, a policy cannot override the law. If the expense was necessary, the employer may still need to reimburse it.

Gray Areas and Common Misunderstandings

Some expenses fall in between.

Examples include:

Mixed personal and business use
Partial necessity

In these cases, documentation matters. A clear expense report and explanation can make or break your reimbursement claim.

How Reimbursement Should Work (Process and Timing)

Once you know what qualifies, the next step is understanding how the expense reimbursement process should actually work day to day, from submitting expense reports to receiving payment on time.

Reasonable Reimbursement Policies

A well-structured expense reimbursement policy helps everyone.

A clear policy should include:

Steps for submitting expense reports
Required documentation like receipts
Approval process for expense claims

A good policy sets expectations without blocking legitimate reimbursement.

Timelines for Payment

The law requires reimbursement within a reasonable period .

In practice, this often means:

Within the next payroll cycle
Or shortly after submitting expense reports

Delays can create financial pressure. If your employer consistently delays, that may be a legal issue.

Lump Sum vs Actual Expense Reimbursement

Some companies use stipends or per diem payments.

Here is a quick breakdown:

If the reimbursement amount does not cover the actual expense, the employer may still owe the difference.

Recordkeeping Requirements

The reimbursement process depends on good records.

Employee must:

Submit an expense report
Include receipts
Explain the purpose of the expense

Employer must:

Track reimbursements
Maintain records
Follow a consistent expense management process

Using expense management software can help both sides avoid mistakes.

Common Violations Employers Make

Even when the rules are clear, problems still come up, so it is important to recognize the most common ways employers get expense reimbursement wrong and how those mistakes can affect you.

Denying Valid Expense Claims

Some employers reject claims without a valid reason.

This often happens when:

Policies are unclear
Managers misunderstand the law

If your expense meets the legal standard, denial may be unlawful.

Delaying Reimbursement

Late payments are a serious issue.

If reimbursement takes too long, you end up covering business costs. That is exactly what the law is designed to prevent.

Under-Reimbursing Fixed Costs

Flat stipends often fall short.

If your employer pays a set amount but your actual costs are higher, you may be owed more. The law requires full reimbursement, not partial coverage.

Misclassifying Employees to Avoid Payment

Some employers classify workers as independent contractors to avoid reimbursing employee expenses.

California law applies strict tests. Misclassification can lead to additional penalties.

Remote Work and Hybrid Work Reimbursement Rules

Work has changed for a lot of people, so it is important to understand how expense reimbursement applies when your job happens at home, in the office, or somewhere in between.

COVID-Era Shifts and Ongoing Legal Expectations

Remote work expanded what counts as a reimbursable expense.

Employees now incur costs that did not exist before. That includes internet, electricity, and workspace setup.

Employer-Mandated vs Voluntary Remote Work

If remote work is required, reimbursement is mandatory.

If it is optional, the situation may depend on the facts. Still, many expenses remain reimbursable.

Technology and Connectivity Costs

Work today depends on technology.

That includes:

Internet access
Phone usage
Software tools

If these are required for your job, your employer must reimburse them.

Employee Rights and Legal Remedies

If your employer does not follow the rules, you are not stuck; there are clear steps you can take to recover your expenses and protect yourself moving forward.

What to Do If You Are Not Reimbursed

Start simple.

Submit reimbursement requests in writing
Keep copies of receipts and reports
Follow the company policy

If nothing happens, you may need to escalate.

Filing a Wage Claim in California

You can file a claim with the California Labor Commissioner’s Office . This process allows you to recover unpaid expenses.

Recoverable Damages

You may recover:

The full reimbursement amount
Interest
Attorney fees

In some cases, claims involve multiple employees and larger amounts.

Protection Against Retaliation

The law protects you.

Your employer cannot:

Fire you
Reduce your hours
Punish you

for asking to be reimbursed.

How an Employment Lawyer Can Help

A lawyer reviews your situation and determines:

Whether the expense qualifies
How much you are owed

Negotiating with Employers

Many cases resolve through direct negotiation. This avoids court and often leads to faster results.

Filing Legal Action When Necessary

If needed, a lawyer can file:

Individual claims
Class actions

This becomes important when violations affect multiple employees.

Role of Employee Law Group

Employee Law Group focuses on protecting workers in Torrance, CA.

They handle:

Expense reimbursement claims
Wage disputes
Workplace violations

Strong legal support can change the outcome of your case.

Frequently Asked Questions (FAQs)

Final Words - Protecting Your Right to Fair Reimbursement

Expense reimbursement is the process that keeps work fair. You should not pay out of pocket to do your job. That is the bottom line.

If your employer fails to reimburse you, take it seriously. Keep records, submit your claims, and seek legal help if needed. Knowing your rights is how you protect your income and your time.

If you are dealing with unpaid expenses or delayed reimbursement, it may be time to take action. Schedule a consultation with Employee Law Group to review your situation, understand your options, and get clear guidance on how to recover what you are owed.

Ensuring Employee Rights: California’s New On-Premises Rest Break Policy

Fri, 17 Apr 2026 08:30:39 GMT

A break shows up on your schedule. You step away. But you still stay inside the building, still watch your phone, still feel like you cannot fully disconnect. That does not feel like a real break, right?

This is where many workers get stuck. Employee rights in California rest break law do not just cover time, they cover freedom during that time. If your employer requires you to stay on-site or remain available, your meal and rest breaks may not meet California labor laws.

The problem is simple. Many employees think, “At least I got a break.” The reality is different. If your employer still controls you, even a little, the law may say that break does not count. That means missed pay, possible violations, and a pattern that affects your workplace rights.

The solution starts with knowing what the law actually says. This guide breaks down how California employment law treats on-premises rest break policies, what your employer must do, and what you can do if your rights have been violated.

��What You’ll Learn From This Article (TL;DR)

What California labor laws actually require when it comes to meal and rest breaks
When an on-premises rest break policy crosses the line into a legal violation
How to tell if your employer still has control over you during your break
The key legal standard of being “relieved of all duties” and why it matters
Common workplace scenarios where violations happen, including retail, healthcare, and security roles
What your California employee rights are if your break is interrupted or restricted
How much compensation you may be entitled to for missed or non-compliant breaks
Steps you can take to document issues and file a complaint with the California Labor Commissioner
When to speak with an employment lawyer and what to expect if you pursue a claim

Legal Foundation of Rest Break Rights in California

California takes rest breaks seriously. The California Labor Code sets the foundation, and the Industrial Welfare Commission Wage Orders build on it. These rules apply to most workers in California, whether you are hourly, part-time, or full-time.

The law is clear. Your employer must follow minimum labor standards. They cannot replace them with weaker internal policies. This applies across industries, from retail to healthcare to fast food.

You can verify this directly through the California Department of Industrial Relations .

If your employer fails to follow these rules, you may have grounds to file a complaint with the labor commissioner .

Standard Rest Break Entitlements

Here is what the law requires:

10-minute paid rest break for every 4 hours worked or major fraction
Breaks must be as close to the middle of your shift as possible
The employer must authorize and permit these breaks

That phrase matters more than it sounds. Your California employer must do more than just allow breaks on paper. They must create real conditions where you can take them.

If workload, staffing, or pressure stops you from taking a break, your employer may still be responsible. This applies even if your employment contract says breaks are allowed.

Distinction Between Rest Breaks and Meal Periods

You need to separate rest breaks from meal periods because the law treats them differently.

Rest Breaks

Paid time
Short, usually 10 minutes
Must be completely duty-free

Meal Periods

Usually unpaid
At least 30 minutes
May involve different rules about leaving

The key difference is control. During rest breaks, the law requires full freedom. If your employer limits that freedom, the break may not qualify under California labor law .

What “On-Premises Rest Break” Means

An on-premises rest break policy means your employer requires you to stay at the workplace during your break.

You see this often in:

Security jobs where coverage must continue
Hospitals where patient care never stops
Retail stores where managers want quick access

At first, it might seem normal. But here is the issue. If staying on-site also means staying available, the break may violate California employee rights .

Degrees of Employer Control

Not every policy looks the same. Some are stricter than others.

Strict control : You must stay at your station or respond immediately
Moderate control : You stay on-site but cannot leave
Loose control : You can move freely without responsibilities

Even moderate control can cross the line. Courts focus on whether you are truly free.

If you feel like you are still working, even a little, that matters under employment law .

Legal Standards Governing On-Premises Restrictions

The case Augustus v. ABM Security Services, Inc. changed everything for rest breaks.

Security guards were given breaks, but they had to stay on call. The court said that was not a real break.

The takeaway is simple: If you are still under employer control, your break does not count.

The “Relieved of All Duties” Standard

This is the rule courts use.

Your employer must ensure:

You do zero work
You are not on call
You are free from supervision

If you have to answer a radio, respond to a message, or stay alert, that is not a compliant break.

Courts look at what actually happens, not what the policy says.

When On-Premises Policies May Be Lawful

Some exceptions exist, but they are narrow.

Employers may justify restrictions for:

Safety concerns
Security risks
Operational necessity

Even then, they must still relieve you of duties. Simply keeping you on-site is not enough.

When On-Premises Rest Break Policies Become Illegal

Even when a policy looks acceptable on paper, the way it is enforced in real life often reveals whether it crosses the line into an illegal restriction under California law.

Continuous Control or Monitoring

If your employer requires you to stay alert or available, the policy likely violates the law.

Examples:

Carrying a radio during your break
Monitoring equipment
Being “ready” to respond

That is not a break. That is still work.

Restrictions That Limit Personal Freedom

Watch for these warning signs:

You cannot leave the property without permission
You feel discouraged from stepping out
You face consequences for leaving

These restrictions often violate California labor laws, especially if there is no valid business reason.

Indirect Violations

Not all violations are written down.

Sometimes it is the culture:

Managers interrupt your break
Coworkers expect you to help
You feel pressure to stay nearby

The law still applies. If your break is not truly yours, your workplace rights may be violated.

Employer Compliance Requirements

A compliant employer should:

Provide clear written policies
Train managers on proper enforcement
Avoid vague or restrictive language

Your human resources department should make these rules easy to understand.

Operational Adjustments

Employers must plan for breaks.

They should:

Schedule enough staff
Rotate duties
Prevent workload overload

Understaffing is not a valid excuse under California employment law .

Recordkeeping and Documentation

Employers must keep accurate records without controlling employees.

They must:

Track hours properly
Avoid forcing employees to stay available
Correct issues quickly

Poor documentation can lead to penalties and claims.

Employee Rights and Protections

Once you understand what the law requires from employers, the next step is knowing what protections and remedies are available to you when those rules are not followed.

A real pause from work
No interruptions
No expectations

This is a core part of workers’ rights in California.

Protection Against Retaliation

The California Labor Code Section 98.6 protects you.

Your employer cannot punish you for:

Reporting violations
Filing with the California Labor Commissioner
Asking questions about your rights

Retaliation includes termination, reduced hours, or negative treatment.

Right to Compensation for Violations

If your employer fails to provide a proper break, you may receive:

One hour of pay per violation

This applies even if the violation seems small.

Remedies and Penalties for Violations

The law requires one extra hour of pay for each day a compliant break is not provided. This is not optional. It is automatic under the California Labor Code.

Class and Representative Actions

You may bring claims under the Private Attorneys General Act ( PAGA ).

This allows you to:

Represent other employees
Seek penalties
Hold employers accountable

Additional Legal Consequences

Employers may also face:

Wage statement penalties
Legal fees
Claims involving wrongful termination or retaliation

These risks add up quickly.

Common Industries Where Issues Arise

Certain industries face a higher risk because the nature of the work makes it harder to fully step away, but the law still requires that your rest breaks remain uninterrupted and free from control.

Security and Surveillance Roles

Security workers often remain on call, even during scheduled breaks. This creates a high risk of violations under California law because staying alert or responsive means you are not fully relieved of duties.

Healthcare and Emergency Services

Patient care can blur boundaries between active work and rest time. Even so, employers must still ensure you receive uninterrupted breaks where you are completely free from responsibilities.

Retail and Customer-Facing Jobs

Retail employees often feel pressure to stay available in case customers need help. That pressure can interfere with your break and may violate labor rights if you are not truly off duty.

How Employees Can Identify and Document Violations

Understanding your rights is one thing, but being able to spot issues early and keep clear records can make a real difference if you need to take action.

Recognizing Non-Compliant Break Policies

Watch for:

On-call expectations
Movement restrictions
Frequent interruptions

These are common warning signs.

Practical Documentation Strategies

Protect yourself by:

Keeping a personal log
Saving messages or schedules
Noting interruptions

Documentation helps if you need to file a complaint .

When to Seek Legal Guidance

You should speak with an employee rights attorney if:

Violations happen often
You face retaliation
You are unsure about your rights

Early action matters.

How Employee Law Group Advocates for Workers

Once you have identified a potential violation, having the right legal team can make the difference between a missed claim and a strong case that holds the employer accountable.

Strategic Case Evaluation

The firm reviews:

Policies
Daily practices
Evidence of violations

This builds a strong case.

Leveraging Technology for Stronger Cases

Employee Law Group uses advanced tools to:

Analyze patterns
Organize evidence
Strengthen claims

Representation in Individual and Collective Claims

The firm handles:

Wage disputes
Retaliation claims
Systemic violations

They focus on real results for employees in California .

Frequently Asked Questions (FAQs)

Final Words - Protecting Your Right to a Real Break

A break should feel like time off, not time on standby. If your employer keeps control over you, even in small ways, the law may say that breaks do not count.

California labor laws place strict limits on on-premises rest break policies for a reason. They protect your time, your pay, and your dignity at work.

If you believe your rights have been violated, reach out to Employee Law Group for a case review. Our attorneys help employees in California understand their options, hold employers accountable, and pursue the compensation they may be owed.

California Overtime Calculator (Free Tool For Torrance & LA)

Tue, 24 Mar 2026 16:51:44 GMT

⚖️California Overtime Laws Explained

⏰Daily Overtime

In California, non-exempt employees must be paid one and one-half (1.5x) times their regular rate of pay for all hours worked over eight (8) up to and including twelve (12) hours in any workday.

⚠️Double Time

Employees are entitled to double (2x) their regular rate of pay for all hours worked in excess of twelve (12) hours in any single workday.

The 7th Consecutive Day Rule

California law provides special protections for employees who work seven consecutive days in a single workweek:

The first 8 hours worked on the 7th consecutive day must be paid at 1.5x the regular rate.
Any hours worked over 8 on that 7th day must be paid at 2x the regular rate.

Weekly Overtime

Beyond daily limits, California also requires 1.5x pay for all hours worked in excess of 40 hours in a single workweek. It is important to note that daily overtime hours already paid do not "double count" toward the 40-hour weekly threshold, but the calculation ensures you are always paid the higher amount required by law.

Think you're being underpaid In LA, California?

Wage theft is a serious issue in California.
Our attorneys specialize in recovering unpaid wages for employees across the state.

Your Guide to Unpaid Commissions in Torrance & LA, California

Tue, 24 Mar 2026 10:31:20 GMT

You close a deal. You hit your numbers. You expect your paycheck to reflect that. Then, payday comes, and your commission payments are missing.

This is how many unpaid commissions in California cases start. At first, it feels like a mistake. Then your employer delays. Then they stop responding. Now your rent is due, and your income does not match the work you already did.

Here is the truth. Under California law, commissions are not optional. They are earned wages. If your employer fails to pay, it may count as wage theft, and you have the right to take legal action to recover unpaid commissions.

This guide breaks it down in plain English. You will learn what counts as commission, when commissions are earned, how employers avoid paying, and how you can file a wage claim with the California Labor Commissioner or work with an employment lawyer to get your money back.

��Key Takeaways: What You’ll Learn From This Guide

What unpaid commissions are and why they are considered earned wages under California law
When commissions are legally earned and how commission agreements affect your rights
The difference between commissions and bonuses and why it matters
Common tactics employers use to avoid paying commissions
California laws that protect you , including wage theft and final paycheck rules
Steps to recover unpaid commissions , including filing a wage claim
When to involve an employment attorney to help you take legal action

What Counts as Commission Under California Law

Commission pay sounds simple, but the legal definition matters more than most people realize. California law treats commission wages differently from hourly wages, but once earned, both must be paid.

Definition of Commission-Based Pay

Commission is compensation tied to results. You earn commissions when you meet a goal, such as closing a sale, placing a candidate, or generating revenue.

Under California Labor Code § 200 , wages include all compensation for labor performed. That includes commission payments once they are earned.

You might be labeled an independent contractor, but labels do not control your rights. If your employer controls your work, schedule, and tools, you may qualify as an employee under California employment law.

If you are misclassified, your employer may still owe you unpaid wages and commissions .

Common Types of Commission Structures

Before you can claim unpaid commissions, you need to understand how commissions are calculated under your plan.

Each structure must be clearly defined in a written commission agreement . If your employer changes the terms without notice, that may violate California wage-and-hour laws.

Industries Where Commission Pay Is Common

Commission pay is everywhere in California:

Sales roles such as retail, SaaS, and automotive
Real estate agents and brokers
Recruiters and staffing professionals
Financial advisors and insurance agents

If you work entirely on commissions or rely on them heavily, even a small delay can create serious financial pressure. That is why California law treats unpaid commissions seriously.

Commission vs. Bonus: Understanding the Legal Distinction

Many employers blur the line between commissions and bonuses. That confusion often leads to withheld pay.

Non-Discretionary Compensation (Legally Owed)

Commissions are non-discretionary . If you meet the conditions, your employer must pay.

Some bonuses also fall into this category. If a bonus depends on performance metrics, courts may treat it as wages. In that case, California law treats it the same as commission wages .

If it is promised and measurable, it is likely enforceable.

Discretionary Bonuses (Not Guaranteed)

Discretionary bonuses are different. These include:

Holiday bonuses
Spot rewards
Employer goodwill payments

Your employer can decide whether to pay them. You cannot usually file a wage claim for these.

Why Misclassification Matters

Some employers call commissions a “bonus” to avoid paying. This is not just shady. It can violate California labor laws.

If your employer refuses to pay by mislabeling compensation, you may:

Claim unpaid commissions
Seek penalties and interest
File a lawsuit for wage theft

The California Division of Labor Standards Enforcement ( DLSE ) handles these claims.

When Is a Commission Considered “Earned”?

This is where most disputes happen. Everything depends on when commissions are earned.

Role of Written Commission Agreements

California law requires a written commission agreement. It must explain:

How commissions are calculated
When they are earned
When they are paid

If your employer does not provide a written commission plan, that is already a legal issue.

Typical Trigger Events for Earning Commission

Most agreements define earned commissions when:

You close a sale
The client pays
You complete the service

Once that happens, your employer must pay earned commissions.

Common Disputes Over Timing

Employers often argue that commissions are not yet earned. You will see issues like:

Delayed commission payments
Refusal to pay after termination
Clawback clauses

California courts often reject unfair clauses that take away commissions you earned.

Common Employer Tactics That Lead to Unpaid Commissions

Let’s be direct. Many unpaid commission cases are not accidents.

Mid-Period Changes to Commission Terms

Your employer cannot change your commission plan halfway through a deal and apply it retroactively.

If they do, it likely violates California wage laws.

Manipulating Performance Metrics

Some employers move the goalpost:

Increasing quotas mid-cycle
Redefining what counts as a “closed deal”

This can lead to the wrongful withholding of commissions .

Withholding Pay After Termination or Resignation

A common tactic is to fire or pressure employees before commissions are paid.

Under California law:

Commissions already earned must be paid
Final pay deadlines still apply

Lack of Written Agreements

Handshake deals often fall apart when money is involved. Without a written commission agreement, disputes become harder but not impossible to prove.

Retaliation and Intimidation

If your employer threatens you for asking about pay, that may count as retaliation. California law protects employees who assert their wage rights.

California Laws That Protect Commission-Based Workers

California has strong protections for workers dealing with unpaid commissions and bonuses .

Commission as Wages Under California Labor Code

The law is clear. Commission wages are earned wages.
If your employer fails to pay, they violate California labor law.

Wage Theft Protections

If your employer willfully fails to pay, you may recover:

Unpaid wages
Penalties
Interest

Overtime Implications

Commissions increase your regular rate of pay. That affects overtime. If commissions remain unpaid, your employer may also owe you unpaid overtime wages.

Final Paycheck Requirements

California requires:

Immediate payment upon termination
Payment within 72 hours after resignation

If your employer delays, you may claim waiting time penalties under Labor Code § 203 .

What To Do If You Are Owed Unpaid Commissions

If your employer owes you commissions, act quickly.

Step 1: Review Your Employment Agreement

Start with your written commission plan . Look for:

Payment triggers
Timing
Conditions

Step 2: Gather Supporting Documentation

Build your case with:

Pay stubs
Emails
Sales data
Contracts

These documents support your claim.

Step 3: Attempt Internal Resolution

Raise the issue professionally. Keep written records of all communication.

Step 4: File a Wage Claim with California Authorities

You can file a wage claim with the California Labor Commissioner .

The agency may investigate and recover unpaid wages.

Step 5: Consult an Employment Attorney

If your employer refuses to pay, speak with an employment law attorney. A law firm can help you:

File a lawsuit
Recover unpaid commissions
Pursue penalties

Additional Legal Issues Often Tied to Commission Disputes

Commission disputes rarely exist alone. Other violations often come with them.

Misclassification

If you are labeled a contractor incorrectly, you may lose wage protections. California law uses strict tests to prevent this.

Wrongful Termination

If your employer fires you to avoid paying commissions, that may support a wrongful termination claim.

Retaliation Claims

You have the right to question your pay. If your employer punishes you for it, that is illegal.

Unconscionable Contracts

Some agreements are unfair from the start. Courts may refuse to enforce them if they heavily favor the employer.

How an Employment Attorney Can Help You Recover Unpaid Commissions

Legal help can make a real difference when dealing with unpaid commissions in California.

Case Evaluation and Strategy - An attorney reviews your situation and identifies all possible claims.
Evidence and Documentation - They gather records and build a strong case to prove your employer owes you commissions.
Negotiation and Settlement - Many cases settle before trial. A lawyer pushes for fair compensation.
Litigation - If needed, your attorney can take legal action and represent you in court.

Maximizing Recovery

You may recover:

Back pay
Waiting time penalties and interest
Attorney fees

The goal is simple. Recover your unpaid earnings in full.

Why Choose Employee Law Group in Torrance, CA

If you are dealing with a commission dispute, you need a team that knows California employment law.

Deep Legal Knowledge

Employee Law Group understands California's unpaid commissions cases and wage claims.

Client-Focused Approach

You get clear advice and a plan tailored to your situation.

Strong Results

The firm uses modern tools and legal strategy to support your claim.

Commitment to Workers

They fight for employees in Torrance and across California who face wage theft.

Frequently Asked Questions About Unpaid Commissions in LA

Conclusion - Take Action to Recover Your Unpaid Commissions in LA

Unpaid commissions are not just frustrating. They violate your rights under California law.

If your employer refuses to pay, do not wait. Gather your documents, understand your commission agreement, and take the next step. You can file a wage claim or work with an unpaid commissions lawyer to recover what you earned.

Get help today. Contact Employee Law Group in Torrance, CA, for a free consultation and speak with an experienced employment attorney.

8 Steps to Take if You Think You're Getting Fired in LA, California

Fri, 13 Mar 2026 10:20:48 GMT

Many employees in Los Angeles have this moment before a termination actually happens. You may feel confused, anxious, or even embarrassed. Losing a job can affect your finances, your confidence, and your plans for finding a new job. But here is the important thing. You still have time to protect your rights and prepare for what comes next.

California law gives workers important protections during termination and after they’ve been fired. Those protections cover issues like wrongful termination, retaliation, unpaid wages, and unemployment benefits. The steps you take now can affect your ability to negotiate a severance package, apply for unemployment, or even pursue a legal claim.

Employee Law Group in Torrance represents workers across Los Angeles who face unfair treatment at work . Our employment lawyers help employees understand their rights when an employer decides to terminate them. If you suspect your company may fire you soon, these steps to take before you get fired can help you stay calm, protect your rights, and plan your next move.

�� Key Takeaways

How to recognize early warning signs that your employer may be preparing to fire you
What to do before and during a termination meeting to protect your rights and avoid costly mistakes
The difference between being laid off and being fired , and how it affects unemployment benefits
What documents and evidence you should gather before losing access to your work accounts
Your rights under California employment law , including protections against wrongful termination and retaliation
How to handle severance agreements and why you should never sign anything immediately
What compensation you may still be owed , including final pay, bonuses, and unused vacation time
When a termination may be illegal and how to spot red flags
When to speak with an employment lawyer and what legal options may be available to you

Step 1: Pay Attention to Warning Signs Before Termination

Small changes at work often signal bigger decisions behind the scenes. Many employees say they sensed something was wrong weeks before they heard the words “you’re fired.”

Changes in Workplace Treatment

You may notice subtle changes in how your employer treats you. These changes often appear before a formal termination meeting.

Some common signals include:

Increased scrutiny of your work
Sudden negative feedback after years of good reviews
Being excluded from meetings or projects
A boss who stops communicating with you

These changes can feel personal. Try not to take it personally, though. In many cases, the company may already be documenting reasons to terminate your employment.

Formal Indicators From HR or Management

The next stage often involves formal action from HR.

You might receive:

Written warnings
A performance improvement plan (PIP)
A request to sign disciplinary documents
A meeting is scheduled with HR present

A PIP often means your employer is building a record that could be used to justify termination . Some employees do recover from a PIP. Others get fired weeks later. It depends on the situation.

Why Early Awareness Matters

Spotting these signals early gives you time to act.

You can begin to:

Gather employment records
Prepare for a job search
Speak with an employment attorney
Think about unemployment benefits

Being proactive helps you stay in control. Waiting until the termination meeting may leave you with fewer options.

Step 2: Stay Calm During a Termination Meeting

If the meeting finally happens, emotions may run high. Many people feel shocked even when they expected it.

Before discussing what happens in that meeting, understand why your behavior matters.

Why Emotional Reactions Can Hurt Your Case

You may feel angry. You may want to argue with your employer or defend your work. That reaction is natural, but it can hurt your case later.

Outbursts can:

Damage your credibility
Give your employer a new reason to justify firing you
Complicate a potential wrongful termination claim

Professionalism protects you. It also helps your employment lawyer evaluate what really happened.

What to Expect During a Termination Meeting

Most termination meetings follow a similar structure. The meeting usually includes your manager and an HR representative.

You may hear:

The reason for termination
Details about your final paycheck
Information about benefits or a severance package
Instructions to return company equipment

Under California Labor Code Section 201 , terminated employees must receive final wages immediately upon termination of employment.

Tips for Staying Composed

A calm approach helps you gather information and think clearly.

During the meeting:

Listen carefully
Ask questions
Take notes if possible
Do not sign anything immediately

Your goal is simple. Understand what is happening and give yourself time to think.

Step 3: Clarify the Exact Reason for Termination

The reason your employer gives you matters more than you may realize. It can affect unemployment benefits, future job prospects, and potential legal claims.

Layoff vs Termination for Cause

Employers often frame termination in one of two ways.

The California Employment Development Department explains unemployment rules in detail. Understanding how your employer classifies the separation helps you plan your next step.

Questions You Should Ask Your Employer

When your employer announces termination, ask clear questions.

For example:

What policy or performance issue led to this decision?
Is there documentation supporting this claim?
Is this decision final?

Employers do not always give clear answers. Asking questions creates a record of what they told you.

When the Explanation Raises Red Flags

Some explanations suggest a deeper issue.

Red flags include:

Vague statements like “not a good fit.”
Termination shortly after you complained about harassment
Discipline is applied differently to other employees

Those situations may indicate retaliation or wrongful termination.

Step 4: Document Your Employment Records

Documentation often becomes the most powerful tool in an employment dispute. Before termination occurs, collect important records if you can.

Important Documents to Keep

You should save copies of employment-related records.

Examples include:

Offer letters or employment agreements
Pay stubs
Time sheets
Performance reviews
Written disciplinary notices

These records can help prove your work history if a dispute arises.

Evidence of Workplace Violations

Sometimes termination follows complaints about illegal conduct.

You may want to keep records related to:

Harassment or discrimination
Unsafe working conditions
Wage violations

California labor law protects employees who report violations in good faith.

Smart Ways to Preserve Evidence

Save documents carefully and legally.

You can:

● Email permitted documents to yourself

● Take screenshots

● Store copies outside your work device

Do not take confidential company property. That could cause problems later.

Step 5: Protect Your Final Pay and Compensation

Termination affects more than your job title. It also affects your income. Before leaving the company, make sure you understand what money you are owed.

Final Paycheck Rules in California

California requires strict payment timelines when an employer terminates someone.

Under Labor Code Section 201 , employees must receive all earned wages immediately at termination.

That includes:

Regular pay
Overtime wages
Accrued vacation pay

If your employer delays payment, the law allows penalties.

Additional Compensation You May Be Owed

Some employees forget about other forms of pay.

You may still be owed:

Commission payments
A bonus
Reimbursement for business expenses

Employers sometimes argue that employees must continue working for the company to receive commissions. That is not always legally correct.

Signs of Wage Issues After Termination

Watch for warning signs like:

Missing commissions
A delayed paycheck
Incorrect wage calculations

If those issues appear, an employment lawyer can review your situation.

Step 6: Do Not Sign Severance Documents Immediately

Some employers offer a severance package at the termination meeting. It may look generous at first glance.

Take a moment before making any decisions.

Why Employers Offer Severance Agreements

A severance agreement usually includes payment in exchange for certain promises.

Those promises often include:

Waiving your right to sue
Confidentiality obligations
Non-disparagement clauses

The company may want to reduce legal risk or prevent public complaints.

Risks of Signing Too Quickly

Signing immediately can have long-term consequences.

You might accidentally:

Waive a wrongful termination claim
Accept the language saying you resigned
Give up rights related to retaliation claims

Many employees later realize they signed away rights they did not understand.

Smart Steps Before Signing

If your employer presents a severance agreement:

Ask for time to review it
Read the entire document
Speak with an employment attorney

Taking time to think before signing protects your future.

Step 7: Understand California Employment Rights

Employment law in California offers strong protections, but many workers do not realize it.

Before looking at potential legal claims, understand the general rules.

The At-Will Employment Rule

California follows an at-will employment system. That means employers can terminate employees for almost any reason.

However, there are major exceptions.

Employers cannot fire someone for illegal reasons such as discrimination or retaliation.

Situations That May Be Wrongful Termination

Termination may be illegal if it involves:

Discrimination based on protected characteristics
Retaliation after reporting illegal activity
Violations of employment contracts

The California Civil Rights Department enforces many of these protections.

Protected Activities for Workers

California law protects employees who speak up about workplace issues.

Protected actions include:

Reporting harassment
Filing wage complaints
Acting as a whistleblower

If your employer fires you after these actions, the termination may violate public policy.

Step 8: Evaluate Whether Your Termination May Be Illegal

Not every termination breaks the law. Still, some situations clearly raise legal concerns.

Before seeking legal help, it's helpful to recognize the warning signs.

Common Legal Claims After Termination

Employment cases in Los Angeles often involve:

Each claim depends on evidence and timing.

Signs Your Employer Acted Improperly

Certain patterns appear frequently in illegal termination cases.

Examples include:

Termination soon after reporting discrimination
Different disciplines for employees doing similar work
A pattern of retaliation by the employer

These situations often deserve legal review.

Why Documentation and Timing Matter

Courts and agencies look closely at timelines.

They examine:

Emails and written records
Witness testimony
Dates of complaints and termination

Strong documentation can support a wrongful termination claim.

Frequently Asked Questions

Conclusion - Preparation Is Your Best Defense

Getting called into the boss’s office and hearing you’re fired can feel like a punch to the gut. Still, preparation changes everything.

If you suspect termination is coming, take practical steps now. Document your work history. Stay professional. Ask questions during the termination meeting. And never sign documents without understanding them.

Sometimes, termination simply means it is time to move on and start looking for a new job. Other times, it reveals illegal conduct, such as retaliation or wrongful termination.

If something about your termination does not feel right, an experienced employment attorney can review your situation. The team at Employee Law Group in Torrance helps workers across Los Angeles protect their rights and pursue justice when employers cross the line. Book a consultation to clarify your options and take the right next step with confidence.

Gender Discrimination in the Workplace in Torrance, CA: Know Your Rights

Thu, 26 Feb 2026 13:15:45 GMT

Every day, folks head into their jobs hoping for fairness. That is normal. Yet sometimes, things seem wrong. Someone gets ahead who should not. The salary stays low despite real responsibility. The remarks start to sting. You might dismiss it early on. Later, ignoring the trend takes more effort.

Even now, unequal treatment at work because of gender shows up often in Torrance - and beyond. Some people face bias tied to sex but do not see it as something the law can fix. Here's what helps: state rules offer solid safeguards if that happens. Workers who deal with such unfairness aren’t left without paths forward.

This resource outlines signs of workplace gender bias, details legal safeguards under California statutes, and then walks through practical responses should unfair treatment occur on the job.

Understanding Gender Discrimination Under California Law

California law sets clear rules for how employers must treat workers. These rules exist to protect you from discrimination based on sex or gender.

What Qualifies as Gender Discrimination

Gender discrimination occurs when an employer treats you unfairly based on sex, gender identity, gender expression, pregnancy, sexual orientation, or related characteristics. Under the California Fair Employment and Housing Act , also known as FEHA, gender discrimination is illegal.

This involves unfair treatment of women, men, and sometimes those outside traditional gender categories. Belonging to a particular group is not required to encounter bias. When employers show a preference for one gender, someone from another may still be affected. Discrimination occurs even without shared identity.

What sets gender bias apart from everyday workplace grievances? Simply having a difficult supervisor does not break any laws. The moment unfavorable actions are tied directly to someone's sex, legality enters the picture. Treatment rooted in gender turns into prohibited conduct under legal standards.

How California Law Differs From Federal Law

California offers broader protection than federal law. The Civil Rights Act of 1964 applies only to employers with 15 or more employees. FEHA applies to employers with five or more employees.

California also allows stronger remedies. If you file a gender discrimination claim, you may recover lost wages, emotional distress damages, and legal fees. These protections make California one of the strongest states for equal employment opportunity.

Common Forms of Gender Discrimination in the Workplace

Gender discrimination comes in many forms. Some are obvious. Others are subtle and repeated over time.

Hiring, Promotion, and Advancement Bias

A potential source of bias can arise early in the hiring process. When reviewing candidates, someone might be treated unfairly because of ideas tied to their gender, such as supposed commitments outside work, readiness for authority roles, or future personal choices.

Despite solid results, some workers face overlooked chances to move ahead - often those who are women or part of a gender minority. Leadership paths stay blocked more often than not, particularly where decision-making power sits high within corporate structures.

Pay Inequality and Compensation Disparities

The gender pay gap remains a major issue. Women still earn less than men in many workplaces, even when performing similar work.

Pay discrimination includes:

Lower base pay
Unequal bonuses
Commission gaps
Reduced benefits

These practices may violate the California Equal Pay Act when workers perform substantially similar work.

Harassment and Hostile Work Environments

Often, harassment mixes with bias based on gender. Comments that aren’t welcome, physical contact without consent, crude humor, or pressure linked to sex fall under sexual harassment at work.

A situation turns unlawful if behavior makes the workplace intimidating. Workers should not have to accept mistreatment just to remain employed. Once aware of such conduct, companies are expected to respond.

Pregnancy, Parental Status, and Caregiver Discrimination

Pregnancy discrimination remains one of the most common forms of workplace gender discrimination. Employers may deny accommodations, reduce hours, or retaliate when you request leave.

California law protects pregnancy, childbirth, breastfeeding, and family care. Retaliation for taking protected leave is illegal.

Subtle and Systemic Gender Discrimination

Not all discrimination looks extreme. Many workers face discrimination through patterns that build over time.

Stereotyping and Gender Role Expectations

Gender stereotypes influence many workplace decisions. Women may be labeled as too emotional. Men may face bias for seeking parental leave. Gender stereotypes often shape who leads meetings, who gets credit, and who gets sidelined.

Task assignments also reveal bias. Women may get administrative work while men receive growth-focused projects. Over time, these decisions affect careers.

Microaggressions and Cumulative Harm

Microaggressions include repeated dismissive comments, interruptions, or unequal treatment. One incident may seem minor. A pattern creates legal harm. Courts recognize that discrimination occurs through cumulative conduct, not just one incident.

Discrimination Against Transgender and Non-Binary Employees

Discrimination based on gender identity or gender expression violates California law. Employers must respect pronouns, names, restroom access, and dress codes. Unequal treatment related to gender expression or identity may support a discrimination claim.

Common Examples of Gender Discrimination at Work

How Gender Discrimination Manifests in Torrance and Los Angeles Workplaces

Gender discrimination often reflects industry culture and power dynamics.

Industries With Elevated Risk

In Torrance and Los Angeles, gender discrimination often appears in:

Healthcare
Logistics and transportation
Manufacturing
Hospitality
Corporate offices

Power imbalances and fear of retaliation discourage reporting discrimination.

Employer Size and Compliance Gaps

Small and mid-sized employers often misunderstand anti-discrimination laws. Missing policies, poor training, and informal practices lead to violations.

Your Legal Rights as an Employee in Torrance, CA

California law gives you clear rights at work.

The Right to Equal Treatment and Opportunity

You have the right to fair hiring, promotion, pay, and discipline regardless of gender. Protection applies throughout your employment lifecycle.

The Right to a Workplace Free From Harassment

Employers must prevent harassment and correct it when it occurs. This includes mandatory training and written policies.

The Right to Reasonable Accommodations

You may request accommodations related to pregnancy, medical conditions, or gender identity. Employers must engage in a good-faith process.

Protection From Retaliation

Retaliation is illegal. Reporting discrimination, filing a complaint, or participating in an investigation cannot cost you your job.

What to Do If You Experience Gender Discrimination

Knowing what to do early matters.

Documenting Discriminatory Conduct

Documentation strengthens your case. Save:

Emails and messages
Pay records
Schedules
Witness names

Write down dates and details while memories stay fresh.

Reporting Through Internal Channels

Some workers report discrimination through HR. Others do not feel safe doing so. If reporting leads to retaliation or silence, legal options remain.

Filing a Claim With the California Civil Rights Department

You generally have three years from the last act of discrimination to file a complaint. The agency may investigate, mediate, or issue a right-to-sue notice.

Employer Defenses and Common Misconceptions

Employers often rely on myths.

“It Wasn’t Intentional”

Intent does not matter. Discrimination based on gender focuses on impact, not excuses.

“That’s Just Company Culture”

Culture does not override the law. Discrimination within a workplace remains illegal.

“You Didn’t Complain Soon Enough”

Continuing violations may extend deadlines. Silence does not erase discrimination.

How an Employment Attorney Can Help

Legal support changes outcomes.

Evaluating the Strength of Your Case - An attorney identifies violations, reviews evidence, and explains your options clearly.
Negotiation, Settlement, and Litigation Options - Many cases resolve through negotiation. Some require litigation to secure fair results.
 Why Local Representation Matters - Local attorneys understand Torrance courts, employers, and workplace norms.

Why Employees in Torrance Trust Employee Law Group

When your job, income, and reputation are on the line, you want a law firm that treats your case like it matters, because it does.

Dedicated Focus on Worker Advocacy

Employee Law Group represents victims of gender discrimination and other workplace violations across California.

Strategic Use of Technology

The firm uses advanced legal tools to manage cases efficiently and communicate clearly with clients.

Offices Serving Torrance and Sacramento

Local insight combined with statewide reach strengthens every case.

FAQs About Gender Discrimination in the Workplace

Final Words - Protecting Your Rights Against Gender Discrimination

Gender discrimination remains a serious issue in many workplaces. California law gives you strong protection, but action matters. If you experience discrimination based on gender, document it, understand your rights, and seek guidance early. Taking the right steps can protect your career and your future.

You’re not on your own if workplace treatment feels unfair because of gender. Get a private, zero-cost consultation with Employee Law Group to go over events, see where you stand legally, and then figure out what comes next. A conversation could be the steady start you need.

When To Hire a Sexual Harassment Lawyer in Torrance, CA

Mon, 16 Feb 2026 12:52:49 GMT

A strange feeling creeps into your day. One remark here. A message there. An eye contact stretch that goes one beat past normal.

At first, you ignore it, thinking little of it. Yet it returns, again and again. Doubt begins to hum under your skin - was that merely awkward or actually against the rules? That quiet hesitation, the pause before naming what happened, traps plenty who face unwanted advances.

Truth stands clear. Workplace sexual harassment breaks the law; acting early stops it from growing worse. Spotting the right moment to bring in a lawyer from Torrance, CA, shields your work life, paycheck, and even sleep at night. Inside this piece: rules that apply, actions defined as wrong, moments calling for legal backing.

Understanding Sexual Harassment Under Federal and California Law

Sexual harassment law exists to stop abuse of power at work. Federal and state laws give you clear rights, even if your employer tries to downplay what happened.

What Legally Qualifies as Sexual Harassment

Sexual harassment includes unwelcome conduct based on sex , sexual orientation, gender identity, or gender expression. This comes straight from the Equal Employment Opportunity Commission , the federal agency that enforces Title VII of the Civil Rights Act of 1964.

Unwelcome words or gestures - when linked to gender - can qualify as misconduct. A remark about appearance, persistent invitations, lewd humor, or demands for intimate acts might count under the law. Physical contact is not required. It hinges on whether the act was both uninvited and rooted in sexuality. Context shapes what counts, not just actions alone.

Not every act counted as sexual harassment involves overt sexuality. Hostility rooted in someone's gender might qualify, even without suggestive remarks. When mistreatment targets identity tied to sex or orientation, legal protections apply. Federal standards allow such cases to be treated seriously. State rules often follow a similar path.

The Two Types of Sexual Harassment Recognized by Law

Courts and administrative agencies break workplace sexual harassment into two main categories.

Quid pro quo harassment happens when a supervisor or manager links job benefits to sexual favors. A promotion, raise, schedule change, or even continued employment should never depend on sexual compliance. One incident can be enough to create an actionable sexual harassment claim.

Hostile work environment harassment involves conduct that is severe or pervasive enough to change your working conditions. This includes repeated sexual comments, unwanted sexual advances, or a sexually hostile work environment that makes it hard to do your job. Regulators look at the full picture, not just one moment.

How California Law Expands Your Protections

California's sexual harassment law goes further than federal law. Under the Fair Employment and Housing Act , harassment protections apply regardless of employer size . Even a business with one employee can be held accountable.

California also protects employees, independent contractors, interns, applicants, and volunteers. You do not need to prove extreme harm. If the conduct altered your work conditions, that may be enough.

Common Workplace Behaviors That May Signal Sexual Harassment

Many victims of harassment question themselves. They wonder if they are overreacting. The law does not expect perfection or bravery. It focuses on conduct.

Verbal and Written Harassment

A single joke, comment, email, message, or chat exchange may be seen as sexual harassment under certain conditions. When such communication continues despite clear signs of objection, its impact increases significantly.

Should a person face harassment, direct confrontation is not mandated by legal standards. Instead, staying silent may signal disapproval just as clearly. Avoiding interaction might also communicate rejection of the behavior. Even physical unease - such as stepping back or looking away - can serve as evidence. The unwelcome nature of actions can be conveyed without words being spoken at all.

Physical and Visual Misconduct

Unwanted touching, blocking your movement, standing too close, or brushing against you can be considered sexual harassment at work. Visual conduct also counts. Sexual images, gestures, or displays can create a sexually hostile work environment even without physical contact.

Power-Based Harassment and Retaliation

Threats tied to job security, promotions, or work assignments raise serious legal concerns. Retaliation after rejecting sexual advances or reporting misconduct is illegal. A negative employment action taken because you spoke up strengthens a sexual harassment claim.

When Workplace Harassment Becomes a Legal Issue

Not every uncomfortable interaction becomes a lawsuit. But many cases cross that line faster than people think.

Severity Versus Frequency

A single severe incident can meet the legal standard. Sexual assault or explicit requests for sexual favors tied to your job often qualify immediately.

Other harassment cases involve repeated behavior over time. Courts ask whether a reasonable person would find the work environment abusive or intimidating.

Employer Knowledge and Responsibility

Employers are liable when they knew or should have known about harassment and failed to act. If a supervisor commits the misconduct, the employer often bears automatic responsibility under Title VII.

For coworker harassment, the focus shifts to how quickly and effectively the employer responded after receiving a report of sexual harassment.

Failure to Act or Stop the Harassment

Employers must take action to stop harassment. Delayed investigations, biased outcomes, or weak responses may violate sexual harassment law. A failure to act can turn misconduct into an actionable sexual harassment case.

Internal Reporting Options and Their Limits

Many workplaces push employees toward internal reporting. That step can matter, but it does not always protect you.

Reporting to Human Resources or Management

Most companies require harassment complaints to go through the human resources department. This can create a record, but HR works for the company, not for you.

Informal reporting can carry risks. Verbal complaints may disappear or get minimized later.

When Internal Complaints Fall Short

Internal systems often fail due to a lack of confidentiality, bias, or fear of retaliation. Some victims endure sexual harassment longer because they worry about job loss or career damage.

Why Early Documentation Matters

Save texts, emails, schedules, reviews, and witness names. Documentation helps show patterns, timing, and employer knowledge. It also protects you if the company disputes your report later.

Signs It Is Time To Hire a Sexual Harassment Lawyer in Torrance, CA

At some point, handling things internally is no longer enough.

Harassment Continues or Gets Worse

If harassment continues after you report it, that is a strong signal to speak with an employment lawyer. Continued exposure increases harm and legal risk.

Retaliation After Reporting

Demotion, termination, reduced hours, or sudden discipline after reporting sexual harassment may be illegal retaliation. Retaliation claims often strengthen harassment cases.

Employer Denial or Blame Shifting

When employers dismiss behavior as not serious or suggest you caused the problem, legal representation becomes important. This response often predicts future resistance.

Pressure To Stay Silent or Leave

Severance offers tied to silence or pressure to resign should never be accepted without legal advice. These agreements can limit your rights permanently.

What a Sexual Harassment Lawyer Actually Does

Hiring a sexual harassment attorney does not mean filing a lawsuit right away. It means getting clarity and protection.

Case Evaluation and Legal Strategy

An experienced sexual harassment lawyer evaluates whether your experience meets the legal definition of sexual harassment under federal and state law. They explain your options and risks in plain language.

Evidence and Claim Building

Lawyers help organize documentation, coordinate witness statements, and prepare harassment claims for agency review or litigation.

Agency Filings and Negotiations

Your attorney handles filings with the EEOC or the California Civil Rights Department, manages deadlines, and communicates with defense counsel. This protects you from procedural mistakes.

Deadlines and Statute of Limitations You Should Know

Sexual harassment claims involve strict timelines.

Administrative Filing Deadlines

Most cases require filing an administrative complaint with the appropriate agency before suing. Missing a deadline can end your case before it begins.

Deadlines depend on facts, so early legal advice matters.

Why Early Legal Advice Helps

Early guidance helps preserve evidence, avoid missteps, and protect your ability to recover damages such as lost wages, emotional distress, and settlement compensation.

How Employee Law Group Supports Victims of Sexual Harassment

Employee Law Group focuses on workplace justice. The firm represents victims of sexual harassment, retaliation, and employment discrimination across California.

With offices in Torrance and Sacramento, the firm combines local experience with statewide reach. Attorneys use modern tools to support communication, case preparation, and client service while keeping the focus on accountability and results.

Frequently Asked Questions About Sexual Harassment Claims

Conclusion: You Do Not Have To Suffer in Silence

Sexual harassment at work is not something you should tolerate or explain away. The law gives you tools to stop the harassment and protect your future. Speaking with a sexual harassment lawyer early helps you understand your rights and avoid costly mistakes.

If you experienced sexual harassment in the workplace, consider speaking with an employment attorney today at Employee Law Group. A free case consultation can help you evaluate your case and decide your next step with confidence.

Paid Family Leave in Torrance, CA (2026): How You Protect Your Pay and Your Job

Thu, 22 Jan 2026 16:35:44 GMT

A family emergency hits. A baby arrives earlier than expected. A parent needs care after surgery. Your first thought is not paperwork. Your first thought is simple. How do I step away from work without losing my income or my job?

This is exactly why paid family leave exists in California. Still, many workers in Torrance do not take it. Some never apply. Others get discouraged by an employer. Some believe they do not qualify. Most of the time, that belief is wrong.

This guide breaks down the rules for paid family leave, paid family and medical leave, job protection, and paid time off in 2026. You will learn when you qualify, how much paid leave you can take, and what to do if an employer pushes back.

What Is Paid Family Leave in California?

Paid family leave is a state leave program that replaces part of your wages when you take time off work for family or medical reasons. California runs this program through state disability insurance. You already pay into it through payroll deductions.

Paid family leave does not come from your employer. The state pays you directly. That matters because many employers give incorrect information about who controls approval. Your employer does not decide whether you get paid family leave. The state does.

This leave program covers specific events. It helps when you need to care for a family member with a serious health condition, bond with a new child, or manage a qualifying military-related family event.

Who Is Eligible for Paid Family Leave in Torrance?

Eligibility depends on your work history, not your job title. Many workers qualify and do not realize it.

You may be eligible for paid family leave if:

You worked in California and paid into state disability insurance
You earned wages during the base period
You lost pay because you took leave from work
You participated in a qualifying event

You do not need to work full-time. If you average 20 hours per week , you may still qualify. You do not need to work for a large company. Coverage applies whether your employer has 25 or fewer employees.

The most common mistake workers make is assuming part-time status disqualifies them. It does not.

Qualifying Reasons to Take Paid Family Leave

California limits paid leave benefits to specific reasons. Each reason stands on its own.

Care for a Family Member With a Serious Health Condition

This is one of the most common reasons people take paid family leave. You may take leave to care for a family member with a serious health condition, including a child, parent, spouse, domestic partner, grandparent, or sibling.

A serious health condition usually requires treatment from a health care provider. It may include surgery, inpatient care, chronic illness, or serious medical treatment.

You must submit medical certification. The state reviews it, not your employer.

Bond With a New Child

Bonding leave allows you to bond with a new child after birth, adoption, or foster placement. You may take this leave within the first 12 months.

Bonding leave does not require a medical diagnosis. The law recognizes that early bonding matters. Paid family leave supports that time.

Military-Related Family Leave

Paid family leave also covers certain events because of a family member’s military deployment. This may include pre-deployment needs or post-deployment care.

How Much Paid Leave Can You Take in 2026?

In 2026, you may take up to 12 weeks of paid family leave per benefit year . You do not need to take all the time at once. You may take consecutive weeks or break the leave into smaller periods.

Wage Replacement Explained

Paid family leave provides partial wage replacement , not full pay. The amount depends on your income. Many workers receive about 60 to 70 percent of their wages , up to a weekly maximum set by the state.

The state offers a calculator to estimate benefits , which helps you plan before leave begins.

Paid Family Leave Compared to Other Leave Laws

Many disputes happen because different leave laws overlap.

Paid Family Leave vs Family and Medical Leave Act

Paid family leave provides pay. The Family and Medical Leave Act provides job protection. They often run at the same time. One does not cancel the other.

Paid Family Leave vs Paid Sick Time

Paid sick time laws cover short-term illness. Paid family leave covers longer events like caregiving or bonding. Employers must provide paid sick leave separately.

Job Protection and Employer Obligations

Paid family leave alone does not guarantee job protection. Job protection usually comes from the Family and Medical Leave Act or state family and medical leave laws .

What employers cannot do is retaliate. Retaliation includes:

Threats of taking leave
Reduced hours after leave
Discipline tied to leave use
Termination because you applied

Retaliation violates California law even if the employer claims a business need.

How to Apply for Paid Family Leave

You apply through the state. Not your employer.

Steps to Apply for Paid Leave

Notify your employer that you will take leave
Apply for paid family leave with the EDD
Submit medical or bonding documentation
Track your claim and respond to requests

Delays happen when paperwork is incomplete. Denials happen when employers give wrong guidance. Both can be fixed.

Paid Family Leave at a Glance

This quick overview shows how paid family leave works, what it provides, and what you can expect at a glance.

Frequently Asked Questions About Paid Family Leave

Conclusion: Protect Your Paid Family Leave Rights

Paid family leave helps you step away from work without losing income. It gives you space to care for a family member, bond with a new child, or handle a serious health situation when it matters most. But these rights only work if you use them.

If an employer blocks access, gives you false information, or punishes you for taking leave, that crosses a legal line. Waiting too long can cost you pay, job security, and leverage.

If you are unsure whether you qualify, dealing with pushback at work, or worried about retaliation, getting legal guidance early matters.

Schedule a confidential consultation with Employee Law Group today to talk through your situation, understand your options, and protect your rights before problems grow.

Severance Agreement Guide for Torrance Employees: What to Know Before You Sign Anything

Thu, 15 Jan 2026 15:18:40 GMT

You just lost your job. Now what?

The meeting ends fast. HR slides a document across the table. You are told this is your severance agreement. Sign it, and you get paid. Do not sign it, and the offer may disappear.

That moment matters more than most people realize.

A severance agreement is not just about severance pay. It is a legal contract that can limit your rights, block future claims, and affect your job search. Many terminated employees in Torrance sign too quickly because they feel pressure, fear, or confusion. Employers know this. That is why severance agreements are written the way they are.

Here is the truth. Severance is usually negotiable. Employers may provide severance to reduce risk, not out of generosity. If you understand what the agreement includes and what California law requires, you can protect yourself before you waive anything important.

This guide explains how severance agreements work, what employers include, and when you should consult an employment attorney before signing.

What Is a Severance Agreement and What It Is Not

A severance agreement is a legal document between an employer and an employee that sets the terms of separation. It becomes binding once both parties have signed.

Before looking at the fine print, it helps to understand what severance agreements usually cover and what they do not.

What a Severance Agreement Typically Includes

Most severance agreements often include a payment and a release of claims. The severance payment may be a lump sum or a continuation of payroll for a certain period. The amount of severance pay often depends on job title, length of service, or company policy.

Agreements often include confidentiality clauses, non-disclosure agreements, and language about proprietary information. Employers want to protect confidential or proprietary information after termination. You may also see terms requiring the return of company property.

Another key section is the release of claims. This is where the employee agrees to waive legal claims against the employer. Once signed, lawsuits for wrongful termination, discrimination, or wage issues may no longer be possible.

What Severance Is Not Required to Cover

Severance pay is not required under federal or state law. Pay is a matter of agreement, not entitlement. That matters.

Unpaid wages are different. California law requires employers to pay earned wages, unused vacation days, and final payroll upon termination. An employer cannot withhold those wages to force a severance agreement.

Unemployment benefits also work separately. Severance payments may affect timing, but employees may still qualify for unemployment benefits through the California Employment Development Department .

At-Will Employment and Severance in California

California is an at-will state. Employers can terminate employees for almost any reason that is not illegal. That does not mean employers are safe from lawsuits.

Employers need to reduce risk. Severance agreements help them do that. That is why severance is offered even when employers do not have to provide severance.

Common Situations That Trigger Severance Offers

Severance agreements show up in specific situations. Each creates different leverage for the departing employee.

Layoffs and Reductions in Force

Layoffs are one of the most common reasons employers provide severance. In a mass layoff, federal law and state law may apply. The Worker Adjustment and Retraining Notification Act requires advance notice in certain cases.

Even when WARN Act requirements do not apply, employers may still provide severance to former employees to limit legal exposure.

Termination Without Cause

Employers often say termination is not performance-related. That wording matters. It may signal concern about legal claims. In these cases, severance terms are often negotiable.

Restructuring, Mergers, and Acquisitions

Business changes lead to role elimination. When duties shift or positions disappear, employers may provide severance to smooth the exit and avoid disputes.

Executive and Long-Tenured Employee Departures

Longer service often means higher severance benefits. Executives and senior employees usually receive customized severance packages and more room to negotiate.

Key Parts of a Severance Agreement You Must Review Carefully

Every severance agreement looks different, but certain sections deserve close attention. Missing one can cost you later.

Severance Pay Structure and Taxes

Severance payment may come as a lump sum or as a continuation of pay over weeks or months. Lump sums offer faster access to money but are taxed immediately.

Severance pay is taxable income under federal law and state law. The IRS treats it as wages.

Release of Legal Claims

This is often the most important section. Agreements may require you to waive claims for discrimination, retaliation, wage violations, or wrongful termination.

Once you sign, claims against your employer are usually gone. Courts enforce these releases if they meet legal requirements.

Confidentiality and Non-Disclosure Obligations

Many agreements include confidentiality clauses covering the agreement itself and company information. Some restrict what you can say online or to future employers.

California law limits overly broad confidentiality provisions, especially when they block truthful statements about unlawful conduct.

Non-Compete and Non-Solicitation Language

California law generally bans noncompete agreements, even after termination. Some agreements include non-solicitation language or indirect restrictions.

Employers may include a noncompete clause anyway. That does not make it valid. It still needs review.

Benefits, COBRA, and Health Coverage

Severance benefits sometimes include continuation of benefits. COBRA coverage allows you to keep health insurance, but you usually pay for it. Some employers agree to cover COBRA premiums for a limited time. This can be negotiated.

Your Legal Rights Before Signing in California

California law gives employees important protections before signing any severance agreement.

Mandatory Review Periods for Employees Over 40

Federal law protects employees over the age of 40 under the Age Discrimination in Employment Act and the Older Workers Benefit Protection Act.

If you are 40 or older, the employer must give you 21 days to review the agreement and 7 days to revoke after signing. Employers must give employees this time.

Your Right to Legal Review and Negotiation

You have the right to consult an attorney. Employers may expect negotiation. Asking questions or requesting changes is not misconduct.

Retaliation for asserting legal rights is illegal under employment law.

Final Paycheck Rules and Penalties

California requires immediate payment of final wages upon termination. Late payment can trigger penalties equal to a day's wages for up to 30 days.

How Severance Negotiations Actually Work

Negotiation happens more often than employers admit. Understanding leverage helps.

Factors That Increase Leverage

Leverage increases with longer employment, higher pay, management roles, and potential legal claims. Age discrimination concerns also increase leverage.

Common Negotiation Points

Employees may negotiate:

More weeks of pay
Extended COBRA coverage
Neutral references
Removal of non-disclosure or non-solicitation clauses

Mistakes Employees Make

Employees often sign without legal advice. Others underestimate the value of claims or assume the offer is final. Pressure leads to bad decisions.

Red Flags That Mean You Should Talk to an Employment Attorney

Some agreements signal risk right away.

Overly Broad Release Language

Phrases like known and unknown claims or prior agreements deserve scrutiny.

Illegal or Overreaching Clauses

Noncompete agreements and extreme confidentiality rules often violate California law.

Severance After Workplace Conflict

If severance follows harassment, retaliation, wage disputes, or complaints, legal claims may exist even if the employer denies wrongdoing.

How Employee Law Group Helps Torrance Employees

Employee Law Group focuses on labor and employment matters across California. We review severance agreements with your goals in mind.

We assess severance terms, identify leverage, and negotiate directly with employers. We understand how employers draft agreements and where pressure points exist.

Local experience matters. Torrance employers operate under California law, not corporate templates alone.

Severance Agreement Comparison Table

Before you sign, it helps to see how severance agreements protect employers first and where employees often face risk, which is why the breakdown below matters.

FAQs About Severance Agreements in California

Conclusion: Read First, Sign Later

A severance agreement is not paperwork. It is a legal decision with long-term consequences. Once you sign, options disappear.

Taking time to review, ask questions, and get legal advice can protect your income, benefits, and future work. If you received a severance agreement in Torrance, speak with Employee Law Group before you sign.

Schedule a free case consultation today. That single step can change the outcome.

Equal Pay Law California: Fight Pay Gaps in Torrance, CA

Wed, 17 Dec 2025 18:18:12 GMT

California has some of the strongest protections in the country for employees who want fair pay and transparency in compensation. Despite these laws, many workers in Torrance still experience unequal pay or discover that colleagues performing substantially similar work are earning more.

Understanding your rights under the California Equal Pay Act and related state and federal laws can help you take action when pay inequities occur.

At Employee Law Group, we help workers in Southern California identify unfair pay practices, assert their rights, and pursue compensation when the law has been violated.

Understanding Equal Pay Law in California

California passed significant reforms to its equal pay laws to strengthen protections for workers. These changes expanded the California Equal Pay Act, clarified employer obligations, and broadened the definition of equal work.

California Equal Pay Act: Core Standards

The California Equal Pay Act requires employers in California to provide equal pay for substantially similar work. This means employees who perform work that requires similar skill, effort, and responsibility, and that is performed under similar working conditions, must be compensated equally regardless of gender, race, or ethnicity.

The law prohibits pay differences between employees of the opposite sex for equal work unless the employer can justify the unequal pay based on a bona fide factor other than sex, such as education, training, or experience. However, an employer must prove that the factor is job related, consistent with business necessity, and does not perpetuate existing pay inequities.

Protections Beyond Gender

California expanded protections to include ethnicity-based pay disparities. Unequal pay is considered a violation when employees of another race or ethnicity performing substantially similar work are paid less than an employee who performs the same work.

Federal EEOC Standards

State and federal laws work together. The federal Equal Pay Act and Title VII prohibit discrimination in compensation. Employees in Torrance are protected under both state and federal equal pay laws.

What Counts as Pay Under California Law

Compensation includes more than just an hourly wage or salary. California law defines pay broadly to ensure that employers cannot disguise pay discrimination through alternative forms of pay.

Direct Pay

Hourly wage
Salary
Piece rate

Indirect and Additional Forms of Pay

Bonuses
Overtime pay
Commission
Stock options
Benefits
Any other forms of pay that contribute to total compensation

If an employer pays any of its employees less than an employee of the opposite sex or another race or ethnicity for substantially similar work, the law prohibits that practice unless a lawful justification exists.

Legal Exceptions That Allow Pay Differences

A pay difference between employees is allowed only if the employer can prove that the entire pay difference is based on legitimate, nondiscriminatory factors.

Recognized Legal Defenses

Seniority systems
Merit systems
Systems that measure earnings by quantity or quality of production
A bona fide factor other than sex, such as education, experience, or training

Even when a bona fide factor is used, the employer must justify the unequal pay and show that it accounts for the entire difference.

Common Equal Pay Violations in Torrance Workplaces

Many violations occur quietly and over time. Some typical scenarios include:

Different job titles but identical duties
Women receiving a lower pay scale than men for the same work
Race or ethnicity based pay disparities
Unequal promotional opportunities
Retaliation after an employee raises a pay claim
Employers in California that intend to pay you less based on a protected characteristic

If you observe any of these situations, your pay may be affected by an unlawful practice.

How Employees Can Identify a Pay Gap

A pay gap often becomes clear once you know what signs to look for.

Recognize Red Flags

Colleagues performing substantially similar work report higher pay
Raises or promotions appear inconsistent or discriminatory
Sudden changes to job duties without an increase in pay

Compare Duties, Not Titles

California law focuses on the work performed, not the job title. If the work is substantially similar, the employer must justify any pay difference.

Review Compensation Records

Keep copies of:

Pay stubs
Offer letters
Performance evaluations
Pay scale information if provided

Your Rights Under California Equal Pay Protections

California law provides several important protections to help employees address unfair pay practices.

Right to Discuss Compensation

Under California labor code, an employer cannot prohibit employees from discussing wages. Pay transparency laws ensure that workers can compare compensation without fear of retaliation.

Protection From Retaliation

If you raise a concern, the law prohibits retaliation. Any negative action taken against you for asserting equal pay rights is unlawful.

Right to File a Pay Claim or Lawsuit

You can file a complaint with the California Civil Rights Department or pursue a civil claim. The statute of limitations for an equal pay act claim is generally two years from the date of the last act of discrimination, or three years if the violation is willful.

Employees may recover:

Back pay
The additional equal amount as liquidated damages
Attorneys fees
Other forms of compensation

How Employee Law Group Helps You Fight Pay Gaps

Employee Law Group takes a thorough and proven approach to addressing pay inequities.

Comprehensive Case Review

We analyze your job duties, pay scale, salary or hourly wage range, performance evaluations, and the rates paid to employees doing substantially similar work. Our attorneys understand how to prove that the pay is considered a violation when employers fail to justify the difference.

Evidence Development

We use advanced document review tools to uncover hidden pay inequities. We evaluate labor code section requirements, employer policies, and compensation history.

Negotiation and Litigation

We negotiate with employers in California to secure back pay, compensation for damages, and policy changes. When necessary, we litigate to enforce your rights under the California Fair Pay Act, California labor code section guidelines, the Fair Employment and Housing Act, and federal equal pay act standards.

Why Workers in Torrance Choose Us

Employee Law Group has extensive experience holding employers accountable for wage discrimination , ethnicity based pay disparities, gender pay issues, and violations of California’s equal pay and pay transparency laws.

Steps to Take if You Suspect Unlawful Pay Differences

If you believe a pay gap exists, taking the right steps early can protect your rights.

1. Document Pay Concerns

Save proof of unequal pay, duties you perform, and comparisons with coworkers.

2. Do Not Confront Your Employer Without Legal Guidance

An attorney should review your situation first. Employers often attempt to justify any pay difference without understanding labor code requirements.

3. Contact Employee Law Group

We provide confidential consultations to help you understand the next steps. If your claim is valid, we pursue compensation and ensure your employer must comply with California labor protections.

Potential Compensation for Successful Equal Pay Claims

If you prove that the pay difference is unlawful, you may be entitled to:

Back pay for the period of discrimination
An additional equal amount as liquidated damages or statutory penalties
Adjusted wages going forward
Attorneys fees and costs
Policy changes to prevent future violations

Employer Obligations Under California’s Pay Transparency Laws

California’s pay transparency laws require employers with 15 or more employees to provide the pay scale for a position upon reasonable request. The employer must include the pay scale in job postings. The employer reasonably expects to pay within the salary or hourly wage range provided.

Employers in California cannot conceal pay scale information and cannot pay any of their employees less than required by state and federal anti discrimination laws.

Key Requirements

These key requirements outline what employers must do to comply with California’s updated pay transparency rules.

Frequently Asked Questions

Conclusion: Achieving Pay Equity in Torrance

California law provides powerful tools to ensure equal pay for equal work. If you believe you are facing discrimination or a pay difference that cannot be justified, you are not alone. Employee Law Group is committed to protecting workers from wage disparities and helping employees secure the compensation they are entitled to.

Torrance workers have the right to fair pay, transparency, and equal treatment. Our team is ready to help you take the next step.

Schedule a free case consultation to learn how we can support you in pursuing fair compensation.

Maternity Discrimination in Torrance, CA: Protect Your Rights

Wed, 10 Dec 2025 15:54:45 GMT

Pregnancy should not put your job at risk. Still, many women in Torrance notice things change at work as soon as they announce they are expecting. Maybe your boss suddenly questions your commitment, your schedule shifts without explanation, or you start getting treated differently because of a pregnancy-related condition. These moments feel uncomfortable, and they often signal discrimination that the law clearly prohibits.

If your employer cuts your hours, ignores reasonable accommodation requests, or treats you less favorably after childbirth, you have legal rights. Employee Law Group helps pregnant workers in Torrance stand up to unfair treatment and protect their jobs.

In this article, you will learn what maternity discrimination looks like, the laws that protect you, what steps to take if something feels off, and how our team can help you fight back. Let’s make sure you understand your rights and know exactly what to do next.

Understanding Maternity Discrimination

When you understand the rules that protect you, it becomes easier to spot problems at work. These laws apply to pregnant women, new mothers, and employees with pregnancy-related conditions.

What Constitutes Maternity Discrimination

Federal law defines pregnancy discrimination as treating someone unfavorably based on pregnancy, childbirth, or a pregnancy-related condition. The Equal Employment Opportunity Commission states clearly that an employer cannot discriminate in its employment practices because of pregnancy. This includes hiring, firing, promotions, training, pay, terms and conditions of employment, and job assignments.

California expands these protections through the Fair Employment and Housing Act. FEHA prohibits discrimination on the basis of pregnancy and strengthens the right to request reasonable accommodation when a doctor confirms the need. This applies even when employees are temporarily unable to perform some job duties.

It also helps to understand the difference between discrimination, harassment, and retaliation. Discrimination involves unfair actions that affect job opportunities. Harassment includes unwanted comments or behavior targeted at you because you are pregnant. Retaliation happens when an employer punishes you for exercising your pregnancy rights.

Common Forms of Maternity Discrimination

These laws prohibit discrimination , but violations still occur. Many women experience hiring and promotion bias. An employer may refuse to hire someone because they fear she might become pregnant soon, or they may pass over a pregnant employee for a promotion she earned.

Others see sudden changes at work. Hours get cut without explanation. Work gets reassigned unfairly. Tasks that someone handled for years suddenly get taken away. Employers often disguise these actions as business decisions, but patterns reveal discriminatory motives.

Denying pregnancy-related accommodations is another common violation. Under both FEHA and Title VII of the Civil Rights Act of 1964 , an employer must consider changes like modified schedules or lighter duties. The employer may not require you to take leave if you want to continue working and are able to perform the job with reasonable adjustment. Forcing someone into early maternity leave is illegal.

Some workplaces shift into outright hostility. Comments about your pregnancy, questions about your "commitment," or jokes about your ability to return to work create a discriminatory environment. The most severe cases involve termination due to pregnancy or childbirth.

Legal Framework Protecting Pregnant and Nursing Workers

You are protected under both federal and California law. These rules overlap and build strong protections for employees who need pregnancy or medical leave.

Federal Legal Protections

The Pregnancy Discrimination Act applies to employers with 15 or more employees. It prohibits employment discrimination based on pregnancy or childbirth. It also requires employers to treat pregnant workers the same as employees who are temporarily unable to perform certain duties for other medical reasons.

The ADA may apply when pregnancy-related conditions qualify as disabilities. Gestational diabetes, hypertension, or severe morning sickness can trigger disability protections.

The Family Medical Leave Act, or FMLA, provides up to 12 weeks of unpaid leave for qualifying employees. FMLA allows you to hold your job open while you care for a newborn or manage pregnancy-related complications. Employers with 50 or more employees must follow FMLA rules.

California State Protections

California laws go further. FEHA protects against disability discrimination and requires an employer to offer reasonable accommodation due to pregnancy. The employer must consider modifications unless it causes significant difficulty to the operations.

Pregnancy Disability Leave allows up to four months of leave for medical conditions related to pregnancy. This is separate from bonding leave, and an employer cannot deny it. You also keep your job benefits while on disability leave.

The California Family Rights Act offers 12 weeks of bonding leave after childbirth. CFRA applies even to employees who work for employers with fewer than 15 employees in certain circumstances. These protections stack, meaning you may get both PDL and CFRA.

California also requires break time to express breast milk. Employers must provide a private location to express breast milk that is not a bathroom.

Intersection of State and Federal Rights

Federal law creates a foundation for pregnancy rights , but California gives even more protection. If you work in Torrance, you benefit from both. When laws conflict, the rule that gives you greater protection usually controls. That is why understanding this mix is so important.

Workplace Rights During Pregnancy

Pregnant workers have specific protections during pregnancy, including accommodations and privacy rights.

Reasonable Accommodations for Pregnant Employees

Reasonable accommodation may include modified duties, schedule changes, or extra breaks. If pregnancy temporarily limits your ability to do part of your job, your employer must consider reasonable steps to help you continue working. This applies to conditions like lifting restrictions, standing limits, or morning sickness.

Some employees need temporary reassignment or light duty when they are temporarily unable to perform strenuous tasks. California law supports this request when medically necessary. An employer cannot discriminate by offering these adjustments only to non-pregnant employees with temporary disabilities.

Medical appointments also fall under reasonable accommodation. Pregnancy often requires frequent visits, and the employer must allow time off when medically required.

Protection Against Negative Employment Actions

It is illegal for an employer to demote, reduce hours, or punish you due to pregnancy. Your employer cannot treat you less favorably than employees who are temporarily unable to perform certain tasks for other reasons.

If your workload suddenly changes or your manager shifts their attitude after learning about your pregnancy, that could show discriminatory treatment.

Privacy Rights

Your employer may not demand sensitive medical information beyond what is necessary. Pregnancy status and pregnancy-related conditions are private. The employer must keep health information confidential and cannot share it with people who do not need to know.

Rights During Maternity Leave

You may qualify for multiple types of leave that help you protect your health and bond with your child.

Pregnancy Disability Leave

Pregnancy Disability Leave allows up to four months off for medical conditions related to pregnancy or childbirth. Your doctor will determine how long you need. During PDL, the employer must hold your job for you and keep your benefits active.

CFRA Leave After Birth

Once PDL ends, CFRA bonding leave can begin. Most new parents qualify for 12 weeks of job-protected leave. This leave can be taken all at once or in smaller segments. Many families use this time to adjust after childbirth.

FMLA Coordination

FMLA often overlaps with California leave laws. FMLA may run at the same time as PDL or CFRA. Your eligibility depends on hours worked and employer size. Understanding these rules helps you protect every week of leave you can get.

Rights After Childbirth

Returning to work brings new challenges. California supports workers through reinstatement rights and lactation support.

Return to Work Protections

When you return to work, your employer must reinstate you to your original job or a comparable position. The employer may not require you to stay on leave longer than your doctor requires. They also cannot retaliate because you used your legal leave rights.

Lactation Accommodation Requirements

California Labor Code requires:

Break time to express breast milk
A private space that is not a restroom
A place with a flat surface, seating, and access to electricity

Any interference with your right to express breast milk can qualify as discriminatory treatment.

Protection from Harassment After Returning

You should never face jokes, negative comments, or unfair treatment because you needed breastfeeding breaks or took maternity leave. If you notice hostility after childbirth, it may show discrimination.

Signs You May Be Experiencing Maternity Discrimination

Below is a helpful table summarizing common warning signs:

If you see patterns like these, take action as soon as possible.

What To Do If You Experience Maternity Discrimination in Torrance

You can take steps right away to protect yourself.

Documenting Evidence

Save everything. Keep emails, texts, HR notes, schedule changes, write-ups, and your own notes about comments or treatment. Documentation often becomes the key to proving discriminatory behavior.

Reporting Internally

Tell HR in writing if you need accommodation or if you believe discrimination occurred. Written communication creates a clear record. Your employer must follow its internal policies and cannot discriminate against employees who report issues.

Filing External Complaints

You can file a charge with the EEOC or the California Civil Rights Department. These agencies investigate employment discrimination and enforce federal and state protections.

When to Seek Legal Representation

Call a lawyer if you face retaliation, job loss, denied accommodations, or any situation involving discriminatory treatment. Early help improves your chance of success and protects your job rights.

How Employee Law Group Advocates for Maternity Discrimination Victims

Employee Law Group represents pregnant workers in Torrance and throughout California.

Our Approach to Workplace Justice

We focus entirely on employment law and understand how pregnancy discrimination involves both emotional and financial harm. You get a team that listens, explains your options clearly, and stands up for your rights.

Cutting Edge Tools for Stronger Outcomes

We use modern tools that help us review documents, timelines, and communication quickly and accurately, allowing us to stay prepared at every stage of your case.

Types of Cases We Handle

We represent workers in cases involving:

Wrongful termination due to pregnancy
Denied accommodations
Harassment related to pregnancy
Retaliation for taking medical leave

Compensation and Remedies Available

Depending on your case, you may recover:

Lost wages
Future lost earnings
Emotional distress compensation
Policy changes in the company
Attorney fees

FAQs

Conclusion: Protecting Your Future Starts Today

Pregnancy should never put your job at risk. If you feel pressured, punished, or ignored because of pregnancy or childbirth, you have options. California and federal laws protect you, and Employee Law Group is ready to help you enforce those rights.

Schedule a free case consultation if something feels wrong at work. Taking action now can protect your job, your income, and your growing family.

Fired Unfairly in Torrance? How a Wrongful Termination Attorney Can Help

Wed, 19 Nov 2025 03:17:31 GMT

You gave your job everything. You showed up early, stayed late, and did your best. Then, one morning, you’re called into the office and told your position has been “eliminated.” No explanation. No chance to defend yourself. Just a box for your belongings and a cold goodbye.

It feels personal, and maybe it is. The truth is, wrongful termination happens more often than most people realize. Under California law, even though employment is at-will, your employer can’t fire you for discriminatory or retaliatory reasons. If they do, that termination violates state or federal employment laws; and you may have a wrongful termination claim.

If this sounds like your story, you’re not powerless. A wrongful termination attorney in Torrance can help you understand your rights, build your case, and fight for compensation for lost wages, emotional distress, and more. At Employee Law Group, we help employees in wrongful termination cases reclaim their dignity and justice.

Understanding Wrongful Termination Under California Law

Sometimes, people think every unfair firing is wrongful. That’s not true, and it’s important to know what actually qualifies as wrongful termination.

Legal Definition and Basics

A wrongful termination occurs when an employer fires an employee in violation of state or federal employment laws. Common examples include firing someone based on discrimination, retaliation for reporting illegal activities, or for reasons that break a written or implied employment contract.

While California allows at-will employment, it also enforces strict laws that protect workers. Under the Fair Employment and Housing Act ( FEHA ) and Title VII of the Civil Rights Act, your employer cannot fire you because of your race, gender, disability, religion, or other protected categories. Federal laws like the Family and Medical Leave Act ( FMLA ) and the Occupational Safety and Health Administration ( OSHA ) also protect you when you take medical leave or report unsafe working conditions.

Common Types of Wrongful Termination in California

Every case is different, but most wrongful terminations fall into clear categories. Recognizing where your situation fits helps you understand your next steps.

Discrimination-Based Firings

If you were fired because of your race, gender, age, disability, religion, or sexual orientation, your employer may have violated both California law and federal law. Discrimination can also show up in more subtle ways, like getting replaced by someone younger or being excluded after taking medical leave.

Retaliation and Whistleblower Firings

California protects workers who speak up. If your employer fired you after you reported illegal actions, workplace safety violations, or sexual harassment, that’s retaliation. Under Labor Code §1102.5, whistleblowers have strong legal rights to sue for wrongful termination.

Breach of Employment Contract

If your employment contract (written or implied) sets clear terms for termination, and your employer ignores them, that’s a breach. For example, if your contract guarantees six months’ notice before termination and you’re fired immediately, that may qualify as wrongful discharge.

Violation of Public Policy

Your employer cannot fire you for doing the right thing. If you were let go for refusing to break the law, serving on a jury, or taking protected medical leave, you may have grounds for a wrongful termination lawsuit.

Signs You May Have Been Wrongfully Terminated

It’s not always obvious when a firing crosses the line. Here are warning signs that your employer’s actions might have been illegal:

You were fired soon after reporting harassment or discrimination
Your performance record was positive before termination
You were replaced by someone outside your protected group
Your employer gave changing or unclear reasons for firing you

If any of these sound familiar, document everything. Save emails, text messages, or written notes. Evidence is key when you file a wrongful termination claim.

What to Do Right After Being Fired

When you’ve been let go unfairly, what you do next can make or break your case.

Protecting Your Rights

Don’t sign anything right away. Severance agreements often include clauses that waive your right to sue. Consult with an employment attorney first. Gather any employment documents, performance reviews, and communications that may show your termination was discriminatory or retaliatory.

Reporting and Filing Options

You can file complaints with agencies like the Equal Employment Opportunity Commission ( EEOC ) or the California Civil Rights Department ( CRD ). These agencies investigate claims of discrimination, harassment, and retaliation.

Consulting a Wrongful Termination Attorney in Torrance

Having a local employment lawyer matters. Torrance employers range from large aerospace companies to small family businesses, and each has unique employment practices. A Torrance wrongful termination attorney knows the local courts, the judges, and how to build a strong case tailored to your situation.

How a Wrongful Termination Attorney Can Help

An employment attorney doesn’t just represent you in court. They guide you every step of the way.

Case Evaluation and Evidence Gathering

Your attorney reviews the details of your termination, identifies legal violations, and gathers documentation. They also interview witnesses and analyze whether your termination violates state or federal law.

Negotiation and Mediation

Many cases end in settlement before trial. Your employment lawyer can help negotiate wrongful termination settlements that include lost wages, emotional distress compensation, and attorney’s fees.

Litigation and Court Representation

If the employer refuses to settle, your lawyer files a wrongful termination lawsuit. They represent you through depositions, discovery, and trial to fight for your rights.

Emotional and Professional Support

Being wrongfully terminated is emotionally tough. A compassionate attorney helps you understand the process and supports you as you move forward in your career.

Why Choose Employee Law Group in Torrance

Employee Law Group fights for workers’ rights across California. We combine decades of experience with genuine dedication to protecting employees.

Proven Experience and Results

Our experienced wrongful termination attorneys have helped clients recover lost wages and achieve justice after discriminatory or retaliatory firings.

Local Focus, Statewide Reach

We understand Torrance’s workforce and California’s employment laws. Whether you work in healthcare, manufacturing, or tech, we know how to hold employers accountable.

Smart Tools, Real Results

We use advanced research and technology to manage cases faster and more effectively. That means you get responsive communication and results you can trust.

Commitment to Justice

Our firm was built on advocacy and compassion. We don’t back down from tough cases, and we treat every client with respect.

What You Can Recover in a Wrongful Termination Case

Here’s a simple breakdown of what you may be entitled to if your case succeeds:

Your lawyer will calculate the right amount based on your situation and losses.

FAQs About Wrongful Termination

Conclusion: Take Action, Protect Your Rights

If you were wrongfully terminated, don’t wait. California law limits how long you have to file. The sooner you act, the stronger your case will be.

At Employee Law Group, we believe every worker deserves fair treatment and justice. Our employment lawyers in Torrance are ready to listen, evaluate your case, and help you fight for your rights.

Contact us today for a FREE case consultation . Let’s talk about your story and start your wrongful termination claim together.

Expert Labor Law Attorney in Torrance - Get Justice Fast

Fri, 07 Nov 2025 02:13:58 GMT

You show up, do your job, and expect fair treatment. But when your paycheck doesn’t add up or your manager’s behavior crosses a line, it’s hard to ignore. You try to brush it off, hoping it’ll stop, but it usually doesn’t. And deep down, you know it isn’t okay.

The good news? You’re not wrong. California labor laws are on your side, and you don’t have to deal with this alone. You just need the right attorney who knows how to protect your rights and get results fast.

In this article, you’ll learn how Employee Law Group in Torrance helps workers facing unpaid wages, discrimination, harassment, or retaliation and what steps you can take to move forward with confidence.

Understanding Your Rights as an Employee in California

Every employee in California has rights under both state and federal employment laws. These laws exist to protect you from being exploited, discriminated against, or treated unfairly at work. Knowing what you’re entitled to is the first step toward protecting yourself.

California’s Labor Code and the Fair Labor Standards Act (FLSA) make sure employers pay fairly and respect your time. The Civil Rights Act, Title VII, and the Fair Employment and Housing Act (FEHA) protect you from discrimination and harassment. Agencies like the Equal Employment Opportunity Commission ( EEOC ) and the California Department of Industrial Relations help enforce these rules.

Key Protections Under Employment Law

It’s not enough to know you have rights. You should know exactly what those rights are and how they apply to your situation.

In Torrance, where industries range from aerospace to retail, these protections matter more than ever. Local workers often face unpaid overtime or retaliation after reporting wrongdoing in the workplace. That’s why hiring an experienced labor attorney is critical; the laws are on your side, but employers rarely play fair without being challenged.

Common Labor Law Problems Facing Employees in Torrance

If you’ve been underpaid, harassed, or unfairly fired, you’re not alone. These are some of the most common employment and labor issues we see at our Torrance office .

Unpaid Wages and Break Violations

You deserve to be paid for every minute you work. If your employer has forced you to work “off the clock,” denied overtime, or interrupted your meal and rest breaks, that’s a labor law violation. These cases often involve wage audits, exemptions, and fair labor standards disputes.

Wrongful Termination and Severance Disputes

California is an at-will state, but that doesn’t give employers a free pass to fire workers illegally. Termination based on discrimination, retaliation, or refusing to do something unlawful violates both state and federal law. We help negotiate fair severance and file employment lawsuits when needed.

Discrimination, Harassment, and Retaliation

Discrimination and sexual harassment remain top employment complaints. You have the right to a workplace free from bias, and retaliation for speaking up is against the law. Our employment lawyers build cases backed by documentation, witness statements, and direct evidence.

Whistleblower Protection and Class Actions

If you’ve reported fraud, wage theft, or health and safety violations, the California Whistleblower Protection Act protects you. When an employer mistreats many employees the same way, a class action lawsuit can bring collective justice.

Leave and Accommodation Disputes

Under the Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA), employers must provide reasonable accommodations and protected leave. Firing or punishing an employee for using these rights is illegal.

How Employee Law Group Works: A Four-Step Process for Results

Getting justice shouldn’t be confusing. We’ve built a clear process that helps our clients move from frustration to resolution.

Step 1: Free Consultation and Case Review

You start by telling us your story. We listen, ask questions, and look at any documents or pay records. From there, we identify your claims under California labor law and federal statutes.

Step 2: Strategic Planning

We combine our legal experience with smart tools that help us review contracts, evidence, and timelines quickly. This helps us prepare strong arguments supported by facts and law.

Step 3: Aggressive Advocacy

Whether it’s arbitration, settlement talks, or employment litigation, we fight for the outcome you deserve. We don’t back down from employers or big corporations.

Step 4: Litigation and Trial

If a fair settlement isn’t on the table, we’re ready for court. We’ve handled complex class actions, wage and hour lawsuits, and discrimination cases across state and federal courts.

Why Choose Employee Law Group in Torrance

You have options when looking for a labor and employment attorney in Torrance. But here’s why people trust us with their most important employment matters:

We understand the California labor system inside and out.
We give clients direct access to real attorneys, not case managers.
We use proven strategies to reach fast, fair outcomes.
We’ve been recognized among the best lawyers in California for employment and labor law.

Our Torrance office isn’t just local; it’s personal. We live here, we work here, and we care about making workplaces fair for everyone.

What “Get Justice Fast” Really Means

We don’t believe in dragging cases out. Fast justice means working smart, staying proactive, and cutting through the noise.

We start every case with a focused plan. Our attorneys identify your strongest claims early, gather what we need, and push forward with negotiations or court filings. We use direct communication, not red tape, so you always know what’s happening.

Success Stories and Case Results

Real results show what’s possible when you stand up for your rights. We’ve helped workers in Torrance recover:

Unpaid overtime and wages they were owed for years.
Settlements for sexual harassment and wrongful termination.
Class action victories for groups of employees mistreated by large employers.

How You Can Help Your Case Move Faster

When clients stay involved, cases move smoother. You can help by:
Collecting employment agreements, pay stubs, and HR communication.
Writing down dates and details of any harassment or retaliation.
Staying in touch with your attorney and replying quickly.
Keeping your case private and off social media.
Your cooperation helps us build a stronger case and shorten the time to resolution.

How Much Does It Cost to Hire a Labor Lawyer?

Many workers worry about cost, but you shouldn’t let that stop you. We take most cases on a no-win, no-fee basis.

Typical costs may include:

Court filing fees
Expert witness fees
Document requests or depositions

We’ll discuss all possible expenses before moving forward, so there are no surprises.

Taking the Next Step

When you’ve been treated unfairly at work, waiting won’t fix it. Labor and employment claims in California have strict deadlines, and once they pass, you can lose the right to take action. Acting fast protects your rights and strengthens your case.

1. Contact Our Torrance Office

Call us, send an email, or use the contact form to schedule your free, confidential consultation. You’ll speak directly with an attorney who will listen, assess your situation, and explain your legal options under California and federal employment laws.

2. Gather Key Documents

Bring anything that helps tell your story (pay stubs, emails, text messages, schedules, or termination letters). Even small pieces of evidence can help prove wage theft, retaliation, or discrimination.

3. Let Us Handle the Rest

We’ll review your materials, identify the best path forward, and guide you through negotiation, arbitration, or litigation if needed. You’ll know exactly what to expect and how we plan to move your case forward.

Don’t wait too long. The sooner you act, the more we can do to protect your rights and get you results.

Frequently Asked Questions

Conclusion

Work should be a place where you feel respected and fairly treated. When it’s not, you deserve to take back control. The laws are there to protect you, but they only work when you do something about it.

If you’ve been underpaid, fired unfairly, or mistreated at work, Employee Law Group is here to help. Our labor and employment attorneys know what it takes to win and we’re ready to fight for you. Schedule a free case consultation today and let’s get justice fast.

Fight Unpaid Overtime in Torrance - Get the Pay You’re Owed

Wed, 22 Oct 2025 20:07:25 GMT

You work hard, stay late, and do what it takes to get the job done; but when payday comes, your paycheck doesn’t reflect those extra hours. Maybe it’s just a few missed hours at first, but over time, it adds up. What you might not realize is that it is illegal.

Unpaid overtime is one of the most common wage problems in Torrance and across California. If you’ve worked more than 8 hours in a day or 40 in a week, the law says you should be paid extra; and if you’re not, you have the right to fight back.

In this article, you’ll learn how to recognize unpaid overtime, understand your legal rights, and take action to recover the wages you’ve earned; with help from Employee Law Group, trusted employment lawyers in Torrance who fight for workers like you.

Understanding Overtime Laws in California

California has some of the strongest overtime laws in the country. Still, confusion over who qualifies and how pay is calculated often leads to underpayment. Let’s break it down clearly.

What Counts as Overtime?

Under California labor laws, you’re entitled to overtime pay if you work:

More than 8 hours in a workday
More than 40 hours in a workweek
More than 6 consecutive days in a row

Overtime must be paid at 1.5 times your regular rate of pay. If you work over 12 hours in a day or over 8 hours on the seventh consecutive day, you’re owed double time.

Employers must pay for every hour you work. Even if you clocked out and kept working because your supervisor “asked for a favor,” that time still counts. The Department of Labor (DOL) makes it clear: employers are required to keep accurate records of hours worked and compensate employees for every hour they work, not just the ones they record.

Who Qualifies for Overtime Pay?

A lot of confusion comes from the terms exempt and non-exempt.

Non-exempt employees are entitled to minimum wage and overtime pay under state and federal law.
Exempt employees are not, but only if they meet strict tests for salary level and job duties.

For example, if your employer calls you “salaried” or gives you a fancy title like “assistant manager,” that doesn’t automatically make you exempt from overtime. Courts look at what you actually do, not what your title says.

Commonly misclassified jobs include:

Nurses or medical assistants
IT or tech support staff
Retail managers or shift leads
Administrative assistants doing routine tasks

If your duties don’t involve high-level decision-making or independent management authority, you likely qualify for overtime pay even if you’re salaried.

How Overtime Pay Is Calculated

Here’s a simple look at how overtime pay works in California:

Employers sometimes make “payroll errors” or “forget” to include bonuses or commissions in your regular rate. That’s illegal. Your regular rate of pay includes all forms of compensation and not just hourly wages.

Common Ways Employers Avoid Paying Overtime

Not all unpaid overtime happens by mistake. Many employers use tactics that might sound innocent but are actually unlawful under both California wage laws and federal law.

Off-the-Clock Work

You may have heard, “Just finish this after you clock out.” That’s off-the-clock work, and it’s illegal. Whether it’s cleaning up after a shift, answering late-night emails, or logging in early to set up, your employer must pay for that time.

Even a few minutes a day adds up to unpaid overtime wages over time. Keep track of every minute worked, because you have the right to recover those lost wages later.

Misclassification of Employees

Another trick is mislabeling workers as independent contractors or “exempt.” Employers do this to avoid paying overtime or minimum wage.

If you’re required to follow a schedule, use company tools, or take direction from a manager, you’re likely an employee, not a contractor. Misclassification is a serious violation and could mean your employer failed to pay overtime and back wages for years.

Manipulating Schedules or Pay Records

Some companies play games with time records; adjusting digital logs, splitting hours between pay periods, or offering “comp time” instead of pay. In California, non-exempt employees cannot legally be given compensatory time off instead of overtime pay. Employers must pay overtime wages for those extra hours.

Recognizing Signs You’re Being Denied Overtime Pay

If you notice your check looks the same every week even when you work extra hours, it’s time to ask questions.

Watch for these warning signs:

You regularly work more than 40 hours, but your pay never changes.
You’re told to “clock out early” but keep working.
You’re called “salaried” but don’t manage anyone or make major decisions.
Your pay stubs look incomplete or vague.

If something feels off, it probably is. Keep your own records of hours worked and tasks completed. You can later use these notes as evidence in a claim for unpaid overtime .

Legal Rights and Protections Under California Law

Knowing your rights helps you take action confidently.

California Labor Code and Wage Orders

The California Labor Code and Industrial Welfare Commission (IWC) Wage Orders spell out your right to fair pay. These rules apply to almost all hourly and non-exempt workers in Torrance and across the state.

If your employer refuses to pay overtime, you can file a wage claim with the California Labor Commissioner or pursue a lawsuit through an employment attorney.

Statute of Limitations

You generally have 3 years to recover unpaid wages in California. If your case involves a written contract, the statute of limitations may extend to 4 years. The clock starts from the date your employer failed to pay overtime. Once the statute expires, you lose your right to recover.

Retaliation Is Illegal

If you speak up about unpaid overtime and your employer fires or disciplines you, that’s retaliation. Under both state and federal law, retaliation is strictly prohibited. You can file a separate claim for damages and reinstatement if that happens.

How to Prove You’re Owed Overtime Pay

Winning an overtime case comes down to evidence. The more documentation you have, the stronger your claim.

Gather these key records:

Pay stubs or wage statements
Timecards or schedule logs
Text messages or emails showing hours worked
Witness statements from coworkers

If you don’t have all your records, don’t panic. Courts understand that employers control timekeeping systems. As long as your account is detailed and credible, it can shift the burden onto your employer to disprove your claim.

Filing an Unpaid Overtime Claim in Torrance

Once you’re ready to take action, you have two main options.

1. File a Claim with the Labor Commissioner

The California Department of Industrial Relations (DIR) handles wage claims through the Division of Labor Standards Enforcement (DLSE). They’ll review your complaint, investigate, and hold a hearing if necessary. This is often faster and less expensive than court.

2. File a Lawsuit with an Employment Attorney

For larger or more complex cases, filing an unpaid overtime lawsuit may be the better choice. It allows you to recover back pay, interest, penalties, and attorney’s fees.

Employee Law Group helps workers across Torrance file and win unpaid overtime claims, even against big employers. We review evidence, handle communication, and fight aggressively to recover every dollar you earned.

Why Choose Employee Law Group

At Employee Law Group, we’ve helped countless California workers recover back wages and overtime pay they were rightfully owed. We’re based in Torrance and handle cases throughout Los Angeles County.

We understand the stress of fighting an employer who refuses to pay fairly. Our attorneys use advanced tools and data analysis to uncover missing hours and prove your claim quickly. You get experienced advocacy, compassionate guidance, and real results.

If you’ve worked more than 40 hours in a week without overtime pay, don’t wait. Every pay period that passes could mean money lost forever.

FAQs About Unpaid Overtime in California

Conclusion: Take Action and Get Paid What You Deserve

You put in the hours and earned your pay. If your employer has not paid you for your work, it is not just unfair, it is illegal. Whether you are missing overtime pay, short paychecks, or unpaid wages, you have the right to recover what you are owed.

Contact Employee Law Group in Torrance, CA today for a free consultation. We will review your case, explain your options, and help you get the compensation you deserve.

Unpaid Wages Lawyer in Torrance: Stop Wage Theft Today

Thu, 09 Oct 2025 19:45:09 GMT

You’ve worked hard, showed up on time, and did everything right, but your paycheck doesn’t seem correct. Maybe your overtime pay is missing, your hours were cut short, or your employer said you are not eligible for extra pay. This is more than just unfair; it is wage theft, and it happens to many workers every day.

Wage theft occurs when employers fail to pay what the law requires, such as unpaid overtime, missed breaks, or wages below minimum wage. The good news is that California laws strongly protect employees. The Employee Law Group in Torrance is dedicated to helping workers recover the pay they have earned and hold employers accountable.

In this article, you will learn what wage theft looks like, how to recognize it, and how an unpaid wages lawyer can help you take action and get the compensation you deserve.

What Wage Theft Really Means in California

Wage theft isn’t just an accounting error. It’s the failure to pay an employee the wages they’re legally owed under federal and state law. The Fair Labor Standards Act (FLSA) and California’s Labor Code both require employers to pay minimum wage, provide overtime pay, and keep accurate records of hours worked.

Common Industries Affected in Torrance

Wage theft can hit any workplace, but it’s especially common among low-wage workers in restaurants, retail, janitorial services, construction, and caregiving. These jobs often rely on hourly schedules, cash payments, or flexible time; conditions where dishonest employers can easily cut corners.

Legal Protection Under State Labor Laws

In California, the Labor Commissioner’s Office (part of the Department of Industrial Relations ) enforces wage and hour laws. If an employer doesn’t follow these rules, workers can file a wage claim through the DLSE or pursue a civil case with a Torrance employment lawyer.

Wage theft laws in California cover:

Minimum wage and overtime violations
Denied meal and rest breaks
Misclassification of employees
Illegal deductions or withheld tips

When an employer breaks these laws, it’s not just a policy issue; it’s a form of theft.

Common Forms of Unpaid Wages

Let’s look at the most frequent ways employers commit wage theft and how each impacts your paycheck.

Unpaid Overtime and Double Time

California has some of the strictest overtime laws in the nation. You must be paid 1.5x your regular rate after 8 hours a day or 40 a week, and 2x pay after 12 hours in one day. Employers who underpay or mislabel employees as salaried often violate these wage and hour laws; especially in smaller businesses where recordkeeping is loose.

Missed Meal and Rest Breaks

If you work more than 5 hours, you’re entitled to a 30-minute meal break. Work more than 10 hours, and you get two. For every 4 hours, you’re owed a 10-minute rest break. When employers deny or interrupt these breaks, that’s a wage violation. According to the DLSE, you’re entitled to one extra hour of pay for each missed or interrupted break.

Minimum Wage Violations and Underpayment

In Torrance, the minimum wage is currently higher than the federal rate. If you’re being paid less than the minimum wage, or working off the clock to “finish tasks,” your employer is committing wage theft. Paying under the table or delaying paychecks also falls under this category.

Illegal Deductions and Tip Misuse

Deductions for uniforms, cash shortages, or damages are rarely lawful. Tips belong entirely to workers, and management cannot keep or redistribute them unfairly. Even a small, recurring deduction can lead to thousands in stolen wages over time.

Misclassification of Workers

Many employers misclassify workers as independent contractors to avoid paying taxes and benefits. The ABC Test in California makes it clear; if your job is controlled by the company and part of its regular business, you’re likely an employee, not a contractor. Misclassification robs you of overtime, unemployment insurance, and paid sick leave.

How to Recognize Wage Theft Before It Gets Worse

Wage theft can be sneaky. You might think a few missing hours or “clerical errors” aren’t worth fighting over, but they often point to a bigger issue.

Look out for these signs:

Your pay stub doesn’t list hours worked or hourly rate
You’re asked to work off the clock
You’re told you’re “not eligible” for overtime pay
You’re pressured not to report overtime hours
You’re labeled a “contractor” but treated like a full employee

If you notice any of these, document everything; screenshots, texts, timecards, and witness names. The Department of Labor and Industry and California’s Labor Commissioner both encourage employees to keep their own records for wage recovery purposes.

Your Rights Under California Labor Laws

You have the right to be paid fairly and on time. Under California Labor Code sections 200–558, employers must:

Pay employees twice a month
Provide detailed wage statements
Pay overtime and minimum wage
Maintain accurate time records

If your employer doesn’t pay properly, you can report it to the Labor Commissioner’s Office or seek legal help. Retaliation is illegal, meaning you can’t be fired or punished for reporting unpaid wages.

The statute of limitations for wage claims is typically three years for unpaid wages, but can extend to four years for written contracts.

How to File a Wage Claim in California

The DLSE (Division of Labor Standards Enforcement) outlines a clear process for workers to recover back wages and penalties.

Gather Evidence: Collect pay stubs, timesheets, and written communications.
Complete Form DLSE-1: This initiates your official wage claim.
Attend a Conference: A settlement meeting may be scheduled to resolve the dispute.
Proceed to Hearing: If unresolved, a formal hearing determines what’s owed.
Judgment and Enforcement: Once a decision is issued, your employer must pay or face further legal action.

If your employer ignores the ruling or continues to violate labor laws, a Torrance wage and hour attorney can escalate your claim to civil court for a stronger outcome.

7. Why Hiring an Unpaid Wages Lawyer Matters

A qualified employment lawyer doesn’t just file forms; they investigate, calculate, and fight for every dollar you’re owed.

Here’s how Employee Law Group helps:

Identify all forms of wage theft in your case
Calculate exact damages, including waiting time penalties
Represent you in hearings or court
Ensure all wage claim deadlines are met
Protect you from retaliation

Our Torrance lawyers use modern tools to analyze payroll data, detect underpayment patterns, and prove violations. We’ve represented current and former employees across California, helping recover millions in back wages through both DLSE claims and civil lawsuits.

Why Choose Employee Law Group in Torrance

At Employee Law Group, we understand how stressful unpaid wages can be. You depend on that income to support your family and build your future. We take every wage theft case seriously because we know the real cost it has on your life.

Our firm’s approach combines:

Experienced employment lawyers with years of wage and hour litigation experience
AI-driven case tools to detect underpayment patterns faster
Client-first communication so you’re always informed about your claim

We’ve helped hundreds of workers in Torrance and beyond fight back against unfair employers. Whether you’re owed overtime pay, unpaid bonuses, or withheld tips, we’ll help you recover what’s rightfully yours.

Preventing Future Wage Theft

Once you’ve resolved your claim, you can protect yourself from future wage violations .

Keep copies of all pay records for at least 3 years.
Track your own hours independently.
Ask HR to confirm your employment classification in writing.
Speak up early if something feels off.

Wage theft happens when employers think no one will challenge them. The more you know your rights, the harder it becomes for anyone to underpay or misclassify you.

FAQs: Understanding Wage Theft and Your Rights

Conclusion: Take Action and Stop Wage Theft Today

You’ve earned your wages; every single hour of them. No employer has the right to withhold or steal your pay. Whether you work in an office, restaurant, warehouse, or clinic, you deserve to be paid fairly.

If you believe you’ve experienced wage theft, don’t wait. Contact Employee Law Group in Torrance, CA, for a free consultation. Our team will listen, review your pay records, and guide you through every step toward justice.

Take the first step: Schedule your free case review . Let’s make sure your hard work truly pays off.

Disclaimer: This content is for informational purposes only and does not constitute legal advice. For specific questions about your case, please contact one of our licensed California employment attorneys.

Paid Sick Leave in Torrance & Sacramento - Law & Benefits

Wed, 17 Sep 2025 02:46:15 GMT

You wake up with a pounding headache and fever. The thought of going to work makes you feel worse, but staying home means losing pay. That choice is stressful and unfair. California law was designed to protect workers from this exact situation.

Most employers are required to provide paid sick leave so you can take care of yourself or a loved one without losing income. In cities like Torrance and Sacramento, where industries are diverse and company policies vary, knowing your rights can save you from confusion or exploitation.

This guide breaks down the basics of California’s sick leave law, how it works in Torrance and Sacramento, who qualifies, and what steps you can take if your employer doesn’t follow the rules.

Understanding Paid Sick Leave in California

Paid sick leave in California is governed by the Healthy Workplaces, Healthy Families Act of 2014 , which established baseline rights for workers. Under this leave act, employers must provide one hour of paid sick leave for every 30 hours worked . This means if you work 60 hours in a pay period, you should accrue at least two hours of paid sick time.

According to the California Department of Industrial Relations , employers can also choose to front-load the full amount of sick leave (such as 24 or 40 hours of paid sick leave per year), eliminating the need for accrual tracking. Either method is acceptable as long as the minimum legal requirements are met.

The statewide paid sick leave law requires that employees be able to use at least 24 hours or three days of paid leave per calendar year. Employers may choose to be more generous and offer unlimited paid sick leave, but they cannot provide less than what the law mandates.

These minimum standards protect employees while still giving employers some flexibility in designing their leave policies.

Paid Sick Leave Accrual at a Glance

This balance protects employees while allowing some flexibility for employers.

Paid Sick Leave in Torrance

Torrance, located in Los Angeles County, follows California’s statewide rules for sick leave. Employers here must provide paid sick leave to employees who meet eligibility requirements. Workers in key industries like healthcare, logistics, and retail often depend on these protections, especially given the city’s diverse workforce and high cost of living.

Employees in Torrance frequently encounter issues when attempting to use paid sick leave. Some employers pressure workers to find replacements before taking time off, which the law does not require. Others attempt to classify workers as independent contractors to avoid providing benefits. These practices violate sick leave requirements and can subject employers to penalties.

If you’re a Torrance worker, you should know that you accrue at least one hour of paid sick leave for every 30 hours worked. You can then use that time for your own illness, preventive care, or to care for family members. The right to take sick leave applies regardless of your industry, and employers cannot retaliate against you for using your earned time.

Paid Sick Leave in Sacramento

Sacramento, as the state capital, has a large public sector workforce. The rules for paid sick leave in Sacramento align with state law, but government and public employees often have additional protections under collective bargaining agreements.

According to the California Department of Industrial Relations, employers in Sacramento must comply with the same legal requirements for paid sick leave as those in Torrance. Workers in healthcare, education, and government service often benefit from expanded sick leave policies, including weeks of sick leave or annual leave banks that exceed the statewide minimum.

However, disputes still occur. Sacramento employees sometimes report being denied carryover of unused sick leave, or being misinformed about how much time they can accrue. These disputes can escalate quickly, making it vital for employees to understand their rights and consult with legal counsel when necessary.

Who Qualifies for Paid Sick Leave?

In California, almost all employees qualify if they’ve worked at least 30 days within a year for the same employer. This includes:

Full-time
Part-time
Temporary
Seasonal

The only catch is that you need to complete a 90-day employment period before using your accrued time. Once that waiting period passes, you’re free to use your sick leave without restriction.

Even employees who work variable schedules (such as gig workers or retail staff) are covered. As long as you meet the minimum service requirement, your employer is required to provide paid sick days in compliance with sick leave ordinances.

Accrual, Usage, and Limits

California’s s ick leave accrual rules allow two main methods:

Accrual method – At least one hour of paid sick leave for every 30 hours worked .
Front-loading method – Employers provide the full amount of sick leave (at least 24 hours) at the start of each year.

Employers can cap the amount of leave an employee may accrue at 48 hours or six days, but they must allow employees to carry over unused time unless they front-load the full balance annually.

The law permits employers to require minimum increments of two hours of paid sick leave per use, but they cannot impose larger restrictions. For example, if you only need to attend a one-hour medical appointment, your employer cannot force you to take an entire day. These protections ensure that you can make reasonable use of your earned benefits.

Covered Reasons for Sick Leave

You have the right to use sick leave for a variety of reasons:

Personal health – illness, injury, preventive care, or recovery.
Family needs – leave to care for a child, spouse, parent, grandparent, grandchild, or sibling.
Safety-related reasons – if you are a victim of domestic violence, sexual assault, or stalking, you may use accrued paid sick leave to obtain medical care, counseling, or legal assistance.
 Preventive health measures – routine checkups, vaccinations, or screenings.

California law goes beyond basic medical needs by acknowledging the importance of sick leave to attend to family and safety concerns. Employers must be paid for sick time at the employee’s regular wage rate, reinforcing the principle of paid leave for all workers.

Employer Obligations and Employee Rights

Employers are required to provide paid sick leave notices at the time of hiring and post clear workplace policies. They must maintain records of sick leave hours accrued and used for at least three years.

An employee must be paid at their regular hourly rate for days of paid sick leave. If you have variable wages, the employer must calculate an average to ensure fair compensation. Employers cannot demand excessive documentation for short-term absences, nor can they retaliate against you for exercising your rights.

Importantly, you have the right to paid leave without fear of job loss. If you believe your employer has violated these sick leave requirements, you may file a complaint with the Labor Commissioner or seek legal counsel.

Penalties for Non-Compliance

Employers who fail to offer paid sick leave face serious consequences. According to the DIR, penalties may include payment of back wages, reinstatement, and administrative fines. In some cases, employees may also recover interest on withheld wages.

For example, if your employer failed to provide paid sick leave to employees or denied your request to use of sick leave, you can seek remedies through the Labor Commissioner’s Office. The state enforces compliance aggressively because leave benefits are considered critical to public health and worker protection.

By holding employers accountable, the law ensures that sick leave an employee may accrue is honored and that violations do not become normalized practices.

Common Violations Seen in Torrance & Sacramento

Some of the most common violations in these regions include:

Misclassifying employees as contractors to avoid obligations.
Requiring workers to find replacements before they can take sick leave.
Denying carryover of unused paid sick leave improperly.
Retaliating against employees who use sick leave.

These actions undermine the overall amount of sick leave that workers are entitled to. If you experience any of these practices, you should seek legal advice immediately. Employers cannot limit the use of sick leave to an employee beyond what the paid sick leave law requires.

Benefits of Paid Sick Leave for Workers and Employers

When employers provide paid sick days, both sides benefit. Workers gain the ability to recover from illness without sacrificing income. Employers see reduced illness transmission in the workplace, leading to higher productivity.

Studies show that leave benefits also improve retention. Employees who feel supported by fair sick leave policies are more likely to stay with their employer long term. This stability reduces turnover costs and creates a healthier work environment.

On a community level, paid sick leave for every worker contributes to better public health outcomes, especially during flu season or public health emergencies.

How Employee Law Group Helps Workers

At Employee Law Group, we fight to protect workers in Torrance and Sacramento who have been denied their rightful paid sick time. Our attorneys have handled cases where employers refused to provide paid sick leave to employees or retaliated against workers for taking time off.

We advocate aggressively, whether through administrative complaints, negotiations, or litigation. Our team leverages legal expertise and cutting-edge tools to secure the leave benefits our clients deserve.

If your employer has failed to honor your paid sick leave policy, you don’t have to fight alone. Our mission is to defend workers’ rights and ensure compliance with sick leave ordinances and the leave act.

FAQs (Frequently Asked Questions)

Summary

California law requires employers to provide one hour of paid sick leave for every 30 hours worked, or to front-load at least three days per year. Workers in Torrance and Sacramento enjoy these protections, but violations remain common.

You should know your rights, understand how sick leave accrued applies to you, and seek help if your employer fails to comply. Paid leave time is more than a benefit; it is your legal right.

When in doubt, consult an experienced employment lawyer. Protecting your ability to use sick leave ensures both your health and your livelihood. If your employer is denying you sick leave or retaliating against you, contact Employee Law Group today to discuss your case and get the protection you deserve.

California Overtime Law – Guide to Get Paid What You Deserve

Wed, 10 Sep 2025 02:32:17 GMT

You put in the hours. Sometimes it’s staying late to finish a project, sometimes it’s coming in on a Saturday because your boss asked. Then payday hits and the check doesn’t reflect the time you worked. The frustration builds because you know something feels wrong.

This happens more often than you might think. California overtime law was designed to protect workers like you, but many employers either misunderstand the rules or ignore them completely. When that happens, employees end up with unpaid overtime and miss out on money they’re legally owed.

The good news is, you have rights. California’s wage and hour laws are some of the strongest in the country, requiring employers to pay overtime once you pass certain thresholds. In this guide, you’ll learn exactly what counts as overtime, how to calculate overtime pay, common mistakes employers make, and what you can do if you’re not getting paid correctly.

Understanding California Overtime Basics

To grasp how overtime pay works in California, it helps to start with the state’s definition of what actually counts as overtime.

What Counts as Overtime in California?

Under California labor law, overtime starts when an employee works more than 8 hours in a workday, more than 40 hours in a workweek, or works on the seventh consecutive day of work in a week. These rules are enforced by the California Division of Labor Standards Enforcement (DLSE) .

This means that whether you’re an hourly employee, earning commission, or paid by piece rate, once you cross these thresholds you’re entitled to overtime pay. Your employer must pay for all hours worked, not just the first forty.

Daily vs. Weekly Overtime Rules

The difference between daily overtime and weekly overtime is important. California is stricter than federal law. The Fair Labor Standards Act (FLSA) only requires overtime after 40 hours in a workweek, but California law kicks in much sooner.

For example, if you work 10 hours in one day, you’re owed 2 hours of overtime pay, even if you only worked 30 hours that week. Both calculations apply, and the one that gives you more overtime hours is what counts.

Here’s a simple breakdown:

Double Time Requirements

Double time applies when you really put in long shifts. You must be paid double your employee’s regular rate of pay if you work more than 12 hours in a day or more than 8 hours on the seventh consecutive day of work.

This rule protects workers in industries like healthcare, retail, and construction, where long days are common. If your employer ignores these requirements, you can file a wage claim with the California DLSE.

Who Is Covered Under California Overtime Law?

Not every worker is treated the same under overtime rules, so it’s important to understand who qualifies for protection and who may be exempt.

Employees vs. Independent Contractors

Some companies avoid paying overtime by calling workers “independent contractors.” But under California employment law, what matters is how much control the company has over your work. If they set your hours, provide tools, and supervise your tasks, you’re probably an employee who works under their control and should be eligible for overtime pay.

Exempt vs. Non-Exempt Employees

Only certain workers are considered exempt employees, such as executives, high-level administrators, and certain professionals. To qualify as exempt, an employer must prove you meet both the salary test and the job duties test.

Most workers are nonexempt employees, meaning they are covered by overtime rules. Being salaried doesn’t automatically make you exempt. If your role doesn’t meet the exemption criteria, you must receive overtime pay.

Commonly Misclassified Jobs

Workers often misclassified include:

Nurses and other healthcare staff
IT and tech professionals
Drivers and delivery workers
Sales representatives
Gig workers like rideshare drivers

If your job falls into one of these categories, check carefully whether you’re entitled to overtime pay.

Calculating Overtime Pay Correctly

Getting overtime right starts with knowing how your regular rate of pay is calculated, since that number determines every overtime adjustment.

Regular Rate of Pay Explained

Your regular rate of pay includes more than your hourly wage. Employers must also factor in things like commissions, bonuses, and piece rates. This ensures that overtime calculations are based on your true earnings.

Common Employer Mistakes in Overtime Calculations

Mistakes often happen when employers:

Pay a flat daily rate without adjusting for hours worked over 8
Fail to include commissions or bonuses in the calculation
Average hours across the week instead of applying daily overtime rules

These errors reduce what you’re owed and violate California’s wage and hour laws.

Practical Examples of Overtime Calculations

Example 1: You earn $20/hour plus $100 commission in a week. If you work 45 hours, your overtime rate must include that commission, not just the $20 base pay.
 Example 2: You work 9 hours at $25/hour. That means 8 hours at $25 and 1 hour of overtime at $37.50.

Common Employer Violations to Watch Out For

Even with clear laws in place, many employers try to cut corners, and workers should know the red flags that often signal overtime violations .

Off-the-Clock Work

If your boss asks you to work before or after clocking out, that’s illegal. This includes setup time, cleaning, or working through breaks. Employers must pay for all hours worked.

Illegal “Comp Time” in Lieu of Overtime

Private employers in California cannot replace overtime pay with “comp time.” You’re required to receive overtime pay in money, not time off.

Pressure to Misreport Hours

Some managers push employees to underreport time, telling them to “stick to 40 hours.” This violates California overtime laws and can lead to penalties.

Retaliation for Claiming Overtime

Employers sometimes punish workers who complain. Retaliation is illegal. If you’re fired, demoted, or harassed for asserting your rights, you may have an additional claim.

How to Protect Your Rights as an Employee

Understanding the law is one thing, but knowing how to act when your employer violates it is what truly protects you.

Know Your Records

Always keep your pay stubs, schedules, and timesheets. Write down your start and end times. Good records make your case stronger.

Steps to Take if You Suspect Wage Theft

Start by raising concerns with HR. If nothing changes, you may need to go outside the company.

Filing a Wage Claim with the DLSE

You can file a wage claim with the California Division of Labor Standards Enforcement. They will investigate, hold a hearing, and decide if you are owed overtime wages. You can find the details here: DIR Overtime FAQ .

When to Seek Legal Help Immediately

If you face retaliation, denial, or if many employees are affected, contact a lawyer right away. Employee Law Group helps workers in Torrance and across California recover the pay they deserve.

California Overtime Law vs. Federal Law (FLSA)

To see why California’s rules matter, it helps to compare them with the federal standards that apply across the rest of the country.

Key Differences Between California and Federal Standards

The federal Fair Labor Standards Act only requires overtime after 40 hours in a workweek . California requires it after 8 hours in a day and has double time rules. This gives California workers stronger protections.

Why California Employees Benefit from Stronger Protections

Because California law is tougher, you’re more likely to recover full wages under California’s overtime laws than under federal law.

Industry-Specific Overtime Considerations

Overtime rules don’t apply the same way to every job, and certain industries have unique standards that workers should be aware of.

Healthcare Workers

Hospitals often use alternative workweeks, like three 12-hour shifts. Even then, overtime applies once you exceed those schedules.

Agricultural and Seasonal Workers

Agricultural workers were once excluded but now enjoy phased-in overtime protections under California employment law.

Tech, Retail, and Service Industry Employees

In these sectors, employers often misclassify employees as exempt. If you don’t meet exemption tests, you’re a nonexempt employee who is owed overtime.

Legal Remedies and What to Expect in a Case

If your employer breaks overtime laws, California gives you several legal options to recover what you’re owed.

Back Pay and Penalties

You may recover:

Back pay for all unpaid overtime
Interest
Penalties under the California Labor Code

Class Action and PAGA Claims

If violations affect many employees, cases can be brought as class actions or under the Private Attorneys General Act (PAGA) .

Role of Employment Attorneys in Overtime Cases

At Employee Law Group, we gather evidence, negotiate, and go to trial if needed. Our goal is simple: make sure you get paid what the law requires.

FAQs

Conclusion: Getting Paid What You Deserve

California overtime pay laws exist to protect workers. If you work more than 8 hours in a day or 40 hours in a week, your employer is required to pay overtime. If they fail to pay, you don’t have to accept it.

At Employee Law Group, we help workers across California enforce their rights. Don’t let unpaid overtime go unchallenged. Contact us today and find out how we can help you get every dollar you’ve earned.

Employee Misclassification in Torrance – Claim Lost Wages

Tue, 26 Aug 2025 03:41:58 GMT

You go to work, follow instructions, and use the company’s tools; just like any other employee. But when payday comes, there’s no paycheck with taxes taken out. Instead, you get a 1099 at the end of the year and are told you’re an “independent contractor.” If that doesn’t feel right, it might be because it isn’t.

This article will explain what employee misclassification is, why it’s such a common issue in California, and how it can cost you important rights like overtime pay, benefits, and legal protections. We’ll also share how Employee Law Group in Torrance helps workers prove they’ve been misclassified and recover the wages, benefits, and protections they’re entitled to.

Understanding Employee Misclassification

Before we dive into the legal details, it’s important to understand what employee misclassification really means and how it differs from legitimate independent contractor status.

What Is Employee Misclassification?

Employee misclassification occurs when an employer treats a worker as an independent contractor instead of an employee, even though the worker meets the legal definition of an employee under California law or the Fair Labor Standards Act (FLSA) .

An employee typically:

Works under the direction over the performance of the employer.
Receives a W-2 with tax withholding.
Is eligible for benefits and protections under state and federal labor laws.

An independent contractor, on the other hand:

Operates an independently established trade or business.
Is free from the company’s control in how the work is done.
Provides services to multiple clients.

Common Reasons Employers Misclassify Workers

Some employers misclassify their employees to:

Avoid paying overtime and minimum wage.
Reduce employment tax obligations.
Skip paying unemployment insurance and workers’ compensation insurance premiums.

Sometimes misclassification occurs because the employer misunderstands the law. But in many cases, it’s a deliberate choice to cut costs; one that can result in penalties for failure to properly classify their workers.

Why Classification Matters for Your Rights

Understanding the difference between employee and independent contractor status is key because it directly affects the pay, benefits, and protections you’re entitled to under the law.

Benefits and Protections Employees Receive

When you are classified as an employee, you are entitled to:

Overtime pay under the FLSA and California wage laws.
Meal and rest breaks.
Unemployment insurance and family and medical leave.
Employer-paid workers’ compensation insurance.
Tax withholding for Social Security and Medicare, which helps you qualify for benefits later in life.

What Independent Contractors Do Not Receive

If you’re classified as independent contractors, you lose access to:

Overtime pay and guaranteed minimum wage.
Employer-paid health insurance, retirement plans, and paid time off.
Legal protections against certain types of wrongful termination or workplace discrimination.

This difference is why misclassification deprives workers of not only wages, but also legal protections and long-term benefits.

California’s ABC Test for Worker Classification

To help decide who qualifies as an employee versus an independent contractor, California relies on a clear three-part rule known as the ABC Test.

Overview of the ABC Test

California uses the ABC Test to determine worker classification under Assembly Bill 5 (AB 5). An employer must prove all three conditions to classify a worker as an independent contractor:

If you fail any part of this test, you are classified as an employee under California law.

Exemptions to the ABC Test

Certain professions, such as licensed attorneys, doctors, real estate agents, and specific business-to-business relationships, may be exempt. In these cases, the older Borello test or other legal standards apply. However, exemptions do not mean employers can misclassify workers without consequences.

Signs You May Be Misclassified

You may be improperly classified as independent contractors if:

You receive a 1099 but perform the same duties as W-2 employees.
Your employer sets your schedule and controls your work.
You work full-time for one company with little independence.
The company provides the tools, equipment, and workspace.

If this describes your situation, your employer could be violating both state and federal labor laws.

How Misclassification Leads to Lost Wages

Misclassification doesn’t just affect your job title. It can have a real impact on your paycheck and the benefits you’re entitled to receive.

Unpaid Overtime

Workers classified as independent contractors are not entitled to overtime pay. If you work over 8 hours in a day or 40 in a week and do not receive overtime, you may have a claim for back pay.

Unreimbursed Business Expenses

When misclassification occurs, you may pay out-of-pocket for tools, travel, mileage, or supplies; expenses your employer should cover if you were properly classified.

Denied Benefits

Being misclassified means losing benefits such as paid sick leave, vacation pay, retirement contributions, and employer-paid insurance. Over time, this can add up to a significant loss in compensation.

Steps to Take If You Suspect Misclassification

If you think you’ve been misclassified, there are important steps you can take to protect your rights and build a strong case.

Gather Documentation

Start by collecting any paperwork that shows your work situation, including:

Pay stubs and tax forms
Your employment contract , offer letters, or agreements
Work schedules and messages that show how your employer controls your work

Compare Your Work Situation to Legal Criteria

Use the ABC Test to see if you legally qualify as an employee. You can also review IRS guidelines and the Fair Labor Standards Act (FLSA) definitions for worker classification.

Report and Seek Legal Advice

If you believe you’ve been misclassified, you can file a complaint with the California Department of Labor Standards Enforcement or the U.S. Department of Labor. Getting help from an attorney can make sure your claim is filed correctly and has the best chance of success.

Filing a Claim for Lost Wages in Torrance

If you believe you’re owed unpaid wages or benefits, it’s important to know where and how to file your claim to protect your rights.

Where to File a Complaint

You can file your claim at either the state or federal level, depending on the issue:

California Labor Commissioner’s Office: For unpaid wages and benefits under state law
U.S. Department of Labor: For violations of the Fair Labor Standards Act (FLSA)

Important Deadlines

Deadlines can vary, but generally, you can claim back pay for up to three years from the date you were wrongfully denied wages.

Tips for Filing Your Claim

Gather all relevant documents like pay stubs, tax forms, contracts, and work schedules.
Keep records of any communication with your employer about your work status or pay.
Be prepared to explain how your work fits the legal definition of an employee.
Consider consulting with an attorney to help guide you through the process and strengthen your claim.

Working with an Employment Law Attorney

At Employee Law Group, we investigate your worker status, calculate unpaid wages, and help prove you were misclassified. We handle both negotiations and court actions when employers refuse to pay.

Legal Remedies and Compensation

If you’ve been misclassified, there are several types of compensation and remedies available to help make things right.

Types of Compensation You May Be Eligible For:

If your claim is successful, you may be entitled to several types of financial compensation to cover your losses and expenses.

Back pay for unpaid overtime and minimum wage
Reimbursement for business expenses you paid out of pocket
Statutory penalties imposed on employers for breaking the law
Attorney’s fees and court costs related to your case

Non-Monetary Remedies That Can Also Help:

Besides money, there are important non-monetary remedies that can help restore your rights and protections as a worker.

Correction of your official worker classification status
Restoration of benefits and contributions you lost due to misclassification

How Employee Law Group Helps Misclassified Workers

When you’re facing misclassification, having an experienced legal team on your side can make all the difference in getting the results you deserve.

Our Approach to Misclassification Cases

We gather records, conduct investigations, and present evidence to prove you were a worker as an employee, not a contractor. We know how to hold employers who fail to comply with the law accountable.

Local Advantage

Because we know Torrance industries and courts, we can build targeted strategies for worker misclassification cases.

FAQs About Employee Misclassification

Conclusion

Misclassification of workers in Torrance is more than a paperwork issue; it’s a violation of applicable laws that can cost you wages, benefits, and protections. If you’ve been classified as independent contractors but perform the work of an employee, you may be entitled to significant back pay and benefits.

At Employee Law Group, we know how to prove misclassification, challenge questionable employment tax practices, and get results for our clients.

Workplace Retaliation in Torrance – How to Fight Back Legally

Tue, 12 Aug 2025 02:54:39 GMT

You spoke up about a problem at work, hoping it would be fixed. Instead, your schedule changed, your promotion vanished, or you suddenly got a bad review. This is workplace retaliation, and it happens more often than people think.

Retaliation is when an employer punishes you for doing something the law protects, like reporting discrimination, unsafe conditions, or unpaid wages. In this article, you will learn what retaliation looks like, the laws that protect you, and the steps you can take to protect yourself.

Understanding Workplace Retaliation

To better recognize and address it, let’s look at what kinds of actions are commonly considered retaliation in the workplace.

What Counts as Retaliation?

Under the California Fair Employment and Housing Act ( FEHA ) and federal law, retaliation is any adverse action taken because you filed a complaint, reported a violation, or otherwise exercised your legal rights.

An action is considered adverse if it could negatively affect your job, pay, benefits, or career opportunities. The key factor is cause and effect; the negative action happens because you engaged in a protected activity.

Common Examples of Retaliation

Retaliation can take many forms, including:

Termination after reporting sexual harassment or discrimination.
Demotion or loss of responsibilities.
Wage reduction without legitimate cause.
Promotion being denied.
Exclusion from meetings or important communications.
Unjustified negative performance reviews.

Protected Activities That Trigger Retaliation Protections

Several actions are considered protected activities under the law, meaning your employer cannot retaliate against you for engaging in them. These protections cover a wide range of situations including reporting violations, participating in investigations, and exercising your legal rights.

Reporting Workplace Violations

Employees are legally protected when they speak up about unlawful practices in the workplace. These can include a range of issues that threaten fairness, safety, or compliance with labor laws.

You are protected when reporting violations such as:

Workplace discrimination based on race, gender, age, disability, or national origin.
Sexual harassment by a supervisor or coworker.
Wage and hour violations.
Unsafe working conditions.

Participating in Investigations

Employees are also protected when they assist in uncovering workplace misconduct. Whether the inquiry is internal or handled by a government agency, your cooperation is a legally protected activity.

You cannot be punished for:

Providing testimony in a discrimination case.
Speaking to HR or an external agency like the EEOC.

Exercising Legal Rights

The law also safeguards employees who assert their rights under workplace and labor regulations. These rights are designed to protect your health, safety, and livelihood, and invoking them should never result in retaliation.

Protected activities also include:

Requesting medical or family leave.
Filing a workers’ compensation claim.
Reporting unsafe conditions to the Department of Labor.

California and Federal Laws Protecting Against Retaliation

Both California and federal laws provide strong safeguards to ensure employees can speak up about workplace issues without fear of losing their job, pay, or opportunities.

Key State Laws

California has some of the strongest worker protections in the country:

Federal Protections

Federal laws also protect workers, including:

Title VII of the Civil Rights Act – bans retaliation for reporting discrimination.
OSHA – protects workers who report unsafe conditions.
 ADA – protects employees from retaliation after requesting disability accommodations.

Signs You’re Experiencing Retaliation

Retaliation is not always obvious, but certain patterns and behaviors can signal that it may be happening.

Sudden Negative Changes in Treatment

One of the clearest signs of retaliation is a sudden shift in how you are treated at work. This can include being reassigned to less favorable duties, removed from projects you previously led, or experiencing a reduction in salary or benefits. Such changes, especially when they occur soon after engaging in a protected activity, may indicate that your employer is responding unfairly to your actions.

Shifts in Workplace Relationships

Retaliation can also manifest in how colleagues and supervisors interact with you. You might find yourself excluded from important team meetings or discover that coworkers have been instructed to limit communication with you. These changes can create an isolating environment, making it harder for you to perform your job effectively.

Paper Trail Red Flags

Another warning sign is a sudden increase in negative documentation about your performance. This could involve a series of disciplinary actions or written warnings that appear shortly after you report a violation or assert your legal rights. Such records may be used to justify further adverse actions, so they should be taken seriously.

Steps to Take if You Suspect Retaliation

If you believe you are being targeted for retaliation, taking prompt and strategic action can help protect both your rights and your career.

● Document Everything - Write down each incident with dates, times, and witnesses. Save emails, texts, and performance reviews.

● Report Internally First (If Safe) - Follow your company’s complaint process. This creates a paper trail showing you acted in good faith.

● Seek Legal Guidance - Contact an employment law attorney early. They can evaluate your case, explain your rights, and help you file a complaint with the right agency.

Building a Strong Workplace Retaliation Case in Torrance

To succeed in a workplace retaliation claim in Torrance , you’ll need to present convincing evidence that connects your protected activity to the adverse actions you experienced.

Gathering Evidence

To build a strong retaliation case, start by creating a clear timeline of what happened and when. Keep proof that you engaged in a protected activity, such as reporting discrimination or unsafe conditions. Also, save any records of negative actions taken against you, like demotions, pay cuts, or formal warnings.

Proving a Causal Connection

You’ll also need to show that these negative actions happened because you spoke up. Evidence like suspicious timing, direct comments from supervisors, or written threats can help prove the link between your complaint and the retaliation.

Legal Remedies for Retaliation Victims

If you’ve been a victim of workplace retaliation, the law offers several remedies to help you recover your losses and protect your career moving forward.

Possible Compensation

If you win a retaliation case, you may be entitled to financial recovery, which can include:

Lost wages and benefits – repayment for the income and perks you missed out on.
Compensation for emotional distress – for stress, anxiety, or other harm caused by the retaliation.
Attorney’s fees – coverage of legal costs so you aren’t paying out of pocket.

Non-Monetary Relief

In addition to money, courts can order actions that help restore your career and protect your rights, such as:

Reinstatement – returning you to your previous job or position.
Clearing negative records – removing unjust performance reviews or disciplinary notes.
 Policy changes – requiring your employer to update workplace rules to prevent future retaliation.

How Employee Law Group Fights Retaliation Cases

At Employee Law Group, we take a focused and strategic approach to protecting workers’ rights and holding employers accountable for retaliation.

Our Advocacy Approach

We investigate, gather evidence, negotiate with employers, and if necessary you can file a lawsuit to get you justice.

Local Knowledge Advantage

Our Torrance-based team understands local employers, industries, and court systems, giving your case a strategic advantage.

Preventing Future Retaliation

As an employee, you can take steps to protect yourself and help create a safer workplace:

Know your company’s anti-retaliation policy so you understand your rights.
Stay informed about anti-discrimination and retaliation laws that protect you.
Report violations through official channels and keep records, so you have proof if problems arise.

FAQs About Workplace Retaliation in Torrance

Retaliation is against the law, whether it’s termination, loss of pay, or quiet acts meant to push you out. If you’ve faced punishment after standing up for your rights, take action. File complaints with the right agencies, know your legal protections, and work with an experienced employment law team.

At Employee Law Group, we help Torrance workers fight back against retaliatory actions and rebuild their careers. Contact us for a confidential consultation and protect your future.

FMLA Paid Leave For California Workers - Get Max Benefits

Tue, 22 Jul 2025 18:11:35 GMT

FMLA is a federal law that provides up to 12 weeks of unpaid, job-protected leave each year for qualifying reasons. CFRA is California’s version of that law but with broader protections. And PFL gives you up to eight weeks of paid leave so you don’t go without a paycheck when you need time off to care for your family.

Understanding how to take paid leave , when to notify your employer, and how to receive benefits through the Employment Development Department can make the difference between a stressful life event and one where you’re supported and secure.

At Employee Law Group in Torrance, we’ve helped workers across California stand up for their rights, take paid time off, and protect their jobs. We’re here to make sure you don’t leave money (or your job) on the table.

What Leave Options Are Available to You?

Here’s a quick look at the key laws and benefits that could apply to your situation:

This guide will walk you through:

The eligibility requirements for each type of leave
How to apply for leave and avoid missing deadlines
The differences between paid leave and unpaid FMLA leave
What to do if your employer pushes back or violates your rights

Let’s get started. You’ve earned these protections and now it’s time to use them.

Understanding FMLA & CFRA Basics

Let’s start with the basics of the federal Family and Medical Leave Act and what it provides.

What Is the Family and Medical Leave Act (FMLA)?

The Family and Medical Leave Act (FMLA) is a federal law that gives eligible employees the right to take up to 12 weeks of unpaid, job-protected leave each year. You can use this time off to recover from your own serious health condition, care for a family member with a serious health issue, bond with a new child through birth, adoption, or foster care, or address qualifying military-related needs.

FMLA also requires your employer to continue your group health insurance during the leave period under the same terms and conditions as if you were still working. The law applies to both private employers with 50 or more employees and all public agencies, including schools.

This type of unpaid FMLA leave is a legal right. However, because the leave is unpaid, many employees hesitate to use it. That’s why California’s system takes it further, offering wage support while also honoring federal protections.

What Is the California Family Rights Act (CFRA)?

While FMLA is the federal standard, California Family Rights Act (CFRA) is the state law that runs parallel to it. CFRA allows you to take up to 12 weeks of family or medical leave per year, just like FMLA, but with a few important differences that benefit workers in California.

First, CFRA applies to smaller employers (those with just 5 or more employees) which means more workers qualify under state law. Second, CFRA covers a broader definition of “family member,” including siblings, grandparents, grandchildren, and domestic partners, while FMLA only covers immediate family members.

CFRA also allows bonding time with a child for adoption or foster care, and unlike FMLA, it separates pregnancy-related leave into another category, allowing eligible women to stack leave periods in certain situations.

Who Is Covered and When?

To qualify for FMLA or CFRA, you must meet these conditions:

You’ve worked for your employer for at least 12 months
You’ve worked at least 1,250 hours in the past 12 months
Your employer has at least 50 employees (FMLA) or 5 employees (CFRA)

Under both laws, your leave must be connected to a qualifying reason, such as the birth of a child, caring for a family member with a serious health condition, or dealing with a serious medical condition yourself. If these conditions are met, your employer must provide leave, and you are protected from retaliation.

Both CFRA and FMLA give you job protection. However, only California’s Paid Family Leave program ensures that you take paid time off while keeping your job secure. Combining these programs can help you avoid choosing between your paycheck and your loved ones.

Eligibility Requirements

To qualify for FMLA leave under federal law, you must meet three criteria:

Your employer must have at least 50 employees within a 75-mile radius.
You must have worked at least 12 months (not necessarily consecutive).
You must have worked at least 1,250 hours during the 12 months immediately preceding the start of your leave.

These requirements ensure that only certain employees are eligible for this federal family and medical leave benefit. For context, 1,250 hours averages about 24 hours per week over a year; so even part-time employees may qualify, depending on their schedule. The U.S. Department of Labor enforces these rules and provides additional guidance if you’re unsure whether your employer qualifies.

If you meet the criteria, your employer must allow you to take leave for qualifying reasons. That includes the birth of a child, caring for a family member with a serious health condition, or recovering from your own serious medical condition.

CFRA Expands Eligibility

California law goes further. Under the California Family Rights Act , you qualify if:

You’ve worked for your employer for at least 12 months
You’ve worked at least 1,250 hours during the past year
Your employer has 5 or more employees

This smaller employer size threshold dramatically expands access to job-protected leave for workers across the state. For example, if you work at a small local business in Torrance, you may not qualify for FMLA, but you would qualify under CFRA.

Also, CFRA doesn’t require the 75-mile radius that FMLA does. If your employer has five employees across any locations in California, the law applies.

FMLA and CFRA: How They Interact in California

When both laws apply, FMLA and CFRA leave run at the same time. This means you don't get double the weeks, in most cases. But there are exceptions.

For example:

If you’re caring for a domestic partner, CFRA applies but FMLA does not.
If you’re on pregnancy disability leave, it’s covered under FMLA, and your CFRA leave can begin after that ends; allowing you to stack both leaves and take more time off.

In total, an employee may be able to take up to 24 weeks of protected leave in a single year under California law, depending on the type of leave and medical situation. Understanding these overlapping benefits can make a huge difference in how much time and income support you receive.

Qualifying Events & Leave Types

To understand your rights under these laws, it's important to know which situations are considered valid reasons for taking leave.

What Counts as a Valid Reason to Take Leave?

Under both the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), you can take leave for a limited set of reasons. These are known as qualifying events, and they must fall into specific categories outlined by law.

Here’s when an employee may take leave:

The birth of a child, or bonding time following the birth or placement for adoption or foster care
To care for a family member with a serious health condition
To recover from your own serious health condition that makes you unable to perform your job
Certain military-related needs, such as a family member being deployed

A serious health condition includes anything that requires inpatient care, ongoing medical treatment, or causes long-term incapacity. Examples include surgeries, chronic illnesses, or cancer treatment. Minor ailments like the common cold or flu typically do not qualify unless complications arise.

Military Caregiver and Exigency Leave

The federal FMLA includes specific types of leave for military families. These protections include:

Qualifying exigency leave, when a close family member (spouse, child, or parent) is on or called to active duty
Military caregiver leave, which allows up to 26 weeks of leave per 12-month period to care for a covered service member with a serious injury or illness

These types of leave can be used for things like attending military briefings, arranging childcare, or taking a service member to medical appointments.

CFRA does not currently cover military-related exigencies, so in California, you must rely on FMLA protections for these specific situations.

California’s Expanded List: Domestic Violence, Sexual Assault, and Stalking

Beyond federal protections, California provides additional leave rights through other laws outside of CFRA. If you are the victim of:

Domestic violence
Sexual assault
Stalking

You are allowed to take protected time off to attend legal proceedings, seek counseling, relocate, or take any other necessary steps to protect your safety. Your employer cannot fire or retaliate against you for taking this kind of leave.

In California, these protections are codified under the Labor Code sections 230 and 230.1, and they often work alongside CFRA or PFL depending on the situation.

Getting Paid: California Paid Family Leave (PFL)

While FMLA and CFRA protect your job, PFL provides actual income when you need to step away from work for family or medical reasons.

Paid Family Leave offers up to 8 weeks of wage replacement to eligible workers who need to:

Care for a seriously ill family member
Bond with a new child within 12 months of birth, adoption, or foster care placement
Participate in a qualifying event due to a family member’s military deployment

This is a benefit you’ve paid into through state payroll taxes. If you look at your paycheck, you’ll see a deduction for “CASDI” (California State Disability Insurance). That’s what funds PFL.

The Difference Between Job Protection and Pay

Here’s a common misconception: “If I’m on PFL, my job is protected.” That’s not always true. PFL provides wage replacement, but it does not guarantee job protection on its own.

That’s why it’s essential to combine PFL with either FMLA or CFRA. If you qualify under one of those laws, you’re protected from being fired while also getting paid through the state’s PFL program.

Think of it like this:

FMLA/CFRA = your right to return to work
PFL = your right to receive partial wages

In many cases, the leave periods run concurrently. For example, if you take 8 weeks off to bond with your baby, you can use CFRA to protect your job and PFL to receive benefits during that time.

How Much Will You Get Paid?

Your weekly benefit amount depends on your income. As of 2024, California’s PFL program pays:

60 to 70% of your wages, depending on income level
A minimum of $50 per week
A maximum of approximately $1,681 per week

To qualify, you must have earned at least $300 in wages during your base period (typically the 5 to 17 months before your claim starts). Benefits are paid by the Employment Development Department (EDD) and are not paid by your employer.

You can use PFL in one continuous block or in intermittent leave, if your situation requires it. Just remember, you only get 8 weeks per benefit year, and those weeks don’t reset until the next 12-month cycle.

Step-by-Step Claim & Leave Coordination

To make the most of your leave benefits, follow these key steps to plan, notify, and coordinate with both your employer and the state.

Step 1: Prepare Before You Take Leave

Planning ahead helps avoid delays in income or job issues. If you know you’ll need time off, such as for childbirth or surgery, give your employer at least 30 days’ notice. If it’s an emergency, notify them as soon as possible. You may need documentation from a healthcare provider confirming the medical need for leave, whether for yourself or a family member.

For Paid Family Leave (PFL), start gathering documents early, such as a physician’s certification, proof of relationship for bonding, or military forms. Staying organized helps ensure a smoother claim process.

Step 2: Notify Employer and File Claims

You’ll need to coordinate with both your employer and the state. Notify your employer if you’re taking FMLA or CFRA leave, they must provide a written response within five business days.

For PFL, file directly with California’s Employment Development Department (EDD) through the myEDD portal or by mail. If filing for bonding, do so within 41 days of the child’s birth or adoption. For care-related claims, file as soon as the leave begins to avoid benefit delays.

Step 3: Understand Overlap Between Programs

FMLA or CFRA leave can run at the same time as PFL benefits. For example, if you take CFRA bonding leave and apply for PFL, both typically begin on the same date and last up to 8 weeks. This means your job is protected while you receive wage replacement from the state.

Some employers may require you to use vacation or sick time first, while others let you choose. You can also use paid time off during your FMLA leave to stay financially supported while waiting for PFL benefits to start.

Step 4: Intermittent Leave and Part-Time Work

If you don’t need full-time leave, you can request intermittent leave for specific days or reduced hours. This must be approved by your employer and scheduled in advance.

PFL benefits may also be used intermittently, but you’ll need to track missed hours and confirm that part-time leave is medically necessary. This option works well for ongoing care needs or when easing back to work after bonding time.

Employer Obligations & Worker Rights

It’s important to know what your employer is required to do and what they are not allowed to do while you are on protected leave.

Your Right to Return to Work

When you take FMLA or CFRA leave, your employer is legally required to hold your job or place you in a position with equivalent pay, benefits, and responsibilities when you return. This is a central part of the Family and Medical Leave Act and the California Family Rights Act.

If your employer demotes you, cuts your hours, or places you in a role with fewer responsibilities, they may be violating federal or state law. The law is clear: your leave cannot be used as a reason to punish you or change the terms and conditions of your employment.

Group Health Coverage Must Continue

Under both federal and California law, your group health benefits must continue during your leave. This means your employer must maintain your existing health insurance coverage as if you were still working. You may be required to pay your usual portion of the premium, but they cannot drop your plan or change your coverage while you're on protected leave.

According to the Department of Labor , failure to continue coverage or failure to reinstate you after leave may give you grounds for a lawsuit. If your employer offers multiple types of leave and only maintains coverage under one, be sure to request written confirmation of what will be continued.

Retaliation Is Illegal

Unfortunately, some employers try to discourage employees from taking leave by creating a hostile work environment, denying promotions, or spreading misinformation. Let’s be clear: retaliation for taking protected leave is illegal.

You are protected under both FMLA and CFRA from:

Being fired or laid off during or after leave
Losing seniority or benefits
Harassment or discrimination related to your leave

If your employer takes adverse action against you because you requested or took leave, you have the right to file a complaint or take legal action.

Additional Protections Under California Law

California provides expanded worker protections that go beyond the federal FMLA. For example:

You can take school-related leave to address issues involving your child’s school or daycare
You’re protected if you need leave due to domestic violence, sexual assault, or stalking
Pregnancy Disability Leave (PDL) gives up to four months of leave for pregnancy-related conditions, separate from CFRA

These extra protections can significantly increase the amount of job-protected time off available to you and are especially important for those with layered needs, such as pregnancy followed by baby bonding.

Frequently Asked Questions

Conclusion

If you're a California worker in need of family or medical leave, you have strong protections under FMLA, CFRA, and Paid Family Leave . These laws allow you to take time off for your health or your family without risking your job or income. To take full advantage, it’s important to understand your eligibility, apply on time, keep clear documentation, and coordinate your benefits effectively.

At Employee Law Group in Torrance, we’ve helped many workers navigate leave-related issues and protect their rights. If you're facing a denied request, retaliation, or just need guidance, contact us today for a free consultation. We're here to help you get the support and protection you deserve.

Employee Rights Attorney in Torrance - Protect Yourself Legally

Wed, 09 Jul 2025 17:29:09 GMT

You wake up every morning, go to work, and do what’s expected. But something isn’t right. Your paycheck is short. Your boss keeps making uncomfortable comments. Or maybe you were fired right after you reported a safety concern.

You’re not overreacting. You might be facing a serious employment law issue. Employees across Torrance and greater Los Angeles deal with unfair treatment every day, often without knowing they have options. If your rights were violated, a skilled employment attorney can help you take the next step and fight back.

At Employee Law Group, we don’t represent corporations. We represent people. Our team focuses exclusively on state and federal employment laws, fighting for workers who’ve been underpaid, harassed, wrongfully terminated, or forced to work in hostile conditions. Here’s what you need to know to protect your rights and get the justice you deserve.

Understanding Your Rights as a California Employee

California gives workers more protections than many other states; but it’s still an at-will employment state. That means your employer can fire you at any time for any reason, but they cannot fire you for illegal reasons, such as discrimination or retaliation.

Here’s what you’re legally entitled to as a worker in California:

At-Will Employment vs. Wrongful Termination

You can be fired without warning in California. But if the reason has to do with your race, gender, pregnancy, age, or if it’s retaliation for something you reported, it may be wrongful termination. You may also have a case if you were let go after taking protected medical leave or asking for an accommodation due to a disability.

Your employer may try to frame the termination as performance-based, but a skilled employment law attorney can spot red flags and help prove that the termination wasn’t lawful.

Wage and Hour Violations

It’s against the law for your employer to avoid paying you fairly. Common wage and hour violations include:

Not paying overtime after 8 hours/day or 40 hours/week
Skipping meal or rest breaks
Misclassifying you as “exempt” or an independent contractor
Delayed or missing final paychecks

These are more than workplace annoyances. They’re violations of labor laws, and you may be entitled to back pay, penalties, and damages. If you're not being paid fairly, an employment lawyer can help.

Discrimination and Harassment at Work

Under California and federal law, your employer cannot discriminate based on protected characteristics, including:

Race or color
National origin
Religion
Sex or gender identity
Age (40+)
Disability
Pregnancy
Sexual orientation

Harassment can come from a manager, co-worker, or even a client. If your employer doesn’t take steps to stop it, they’re legally responsible. Being exposed to a hostile work environment every day can destroy your confidence, affect your health, and ruin your career. You don’t have to accept that.

Medical Leave and Reasonable Accommodations

You have the right to take job-protected leave under FMLA and CFRA for health issues, family emergencies, or childbirth. You also have the right to ask for reasonable accommodation if you have a disability.

If your employer denies your request or punishes you for taking leave, it may be a violation of employment law. A lawyer can review your situation and help determine whether you have a case.

Why You Shouldn’t Handle This Alone

Employment law cases involve overlapping rules from the state, federal agencies like the EEOC, and court precedent. If you try to go it alone, a small mistake (like missing a filing deadline or submitting an incomplete complaint) can cost you your case.

An experienced employment lawyer knows how to interpret employment agreements, spot violations, and fight back against corporate legal teams. Without one, you may get ignored or worse, offered a low settlement that barely covers your losses.

What a Employee Rights Lawyer Can Do for You

Whether you're dealing with workplace discrimination, wrongful termination, harassment, or a contract dispute, employment laws can be complex and intimidating. Hiring an experienced employment lawyer ensures you have a professional advocating for your rights every step of the way.

Here’s how they can help:

1. Evaluate Your Legal Options in a Free Consultation

Most employment lawyers offer a free initial consultation to understand your situation. During this meeting, they will:

Review the facts of your case
Explain your rights under federal and California employment laws
Determine whether you have grounds for legal action
Outline potential next steps and timelines

This consultation gives you clarity and helps you make informed decisions moving forward.

2. Handle Complex Filings with the EEOC or California Civil Rights Department

Filing a complaint with the Equal Employment Opportunity Commission (EEOC) or California Civil Rights Department (CRD) can be overwhelming without legal guidance.

Your lawyer can:

Prepare and file the necessary paperwork on your behalf
Ensure all deadlines are met
Help you present a strong and coherent claim
Communicate with the agencies throughout the process

Mistakes in filing can delay or even derail your case, so legal assistance is crucial.

3. Gather Supporting Evidence and Witness Testimony

Proving an employment violation requires solid documentation and credible evidence.

A lawyer will:

Help you collect key employment records, emails, performance reviews, and contracts
Interview co-workers and supervisors for witness testimony
Work with experts if needed to strengthen your case

The right evidence can make or break your claim, especially when going up against a large employer.

4. Negotiate for Lost Wages, Reinstatement, or Compensation

Before heading to court, many employment disputes are resolved through settlement negotiations.

Your lawyer will:

Accurately calculate damages such as lost wages, emotional distress, and punitive damages
Negotiate directly with the employer or their legal team
Advocate for fair terms, whether it’s reinstatement, severance, or a financial settlement

Their experience ensures you don’t settle for less than you deserve.

5. Represent You in Mediation, Arbitration, or Court

If a resolution can’t be reached informally, your lawyer will represent you in:

Mediation , a facilitated negotiation with a neutral third party
Arbitration , where a decision is made by a private judge (often required in employment contracts)
Litigation , if the case proceeds to trial in state or federal court

They’ll build a compelling case, manage all court filings, and advocate for your rights throughout the process.

Why Legal Support Matters

Employment law issues often involve power imbalances and emotional stress. Whether you're facing discrimination, sexual harassment, wrongful termination, or a breach of contract, having the right legal representation can make all the difference in protecting your future and securing the justice you deserve.

What to Do If You Think Your Rights Were Violated

If you suspect that you've been mistreated at work (whether through discrimination, harassment, retaliation, or wrongful termination) it’s important to act strategically.

Here’s how to protect your rights from the start:

1. Document Everything

Save all relevant emails, texts, performance reviews, timesheets, write-ups, and any communication that could support your claim. Keeping a written timeline of events will also help your case.

2. Report the Issue to HR

Give your Human Resources department a chance to resolve the issue, but proceed carefully. Always keep notes or copies of what was said, who you spoke to, and when.

3. Don’t Quit Prematurely

Resigning might feel like the right thing to do emotionally, but quitting without legal advice can hurt your chances of making a successful claim. Let a lawyer assess your situation first.

4. Schedule a Legal Consultation

A short conversation with an employment lawyer can clarify your rights and help you make an informed decision. Many firms offer free consultations.

How to Choose the Right Employment Attorney

Not all lawyers are equally qualified to handle employment cases. Here's what to look for when choosing legal representation:

Specializes in Employment and Labor Law - Avoid general practice firms. Look for attorneys who exclusively focus on employee rights.
Experience With Cases Like Yours - Whether it’s sexual harassment, wage theft, wrongful termination, or discrimination, your attorney should have a track record in similar cases.
Free Consultations Available - This allows you to understand your legal standing without financial risk.
Contingency-Based Fees - Look for a firm that only gets paid if they win your case, no upfront fees required.
Local Knowledge and Strong Reviews - Choose someone with experience in Torrance, Los Angeles, or your specific area, and check reviews to see how they’ve helped others.
Membership in Trusted Legal Associations - Membership in organizations like the National Employment Lawyers Association (NELA) or California Employment Lawyers Association (CELA) reflects a commitment to ongoing legal education and advocacy.

Make sure they’re a member of a professional group like the National Employment Lawyers Association (NELA) or California Employment Lawyers Association (CELA).

The Employee Law Group Difference

At Employee Law Group, we focus exclusively on representing employees. Our mission is to level the playing field for workers facing injustice.

Here's what sets us apart:

We only represent employees in employment disputes
Offices in Torrance and Sacramento for local support
Use AI tools to speed up case review without cutting corners
Experienced in arbitration, court trials, and class actions
Known in the legal community for helping workers get results

Step-by-Step Guide: Starting Your Claim

Navigating an employment dispute can be stressful, but you don’t have to go through it alone.

Here’s how our process works:

Contact Us – Schedule your free consultation by phone or online.
Case Evaluation – We’ll review your situation and explain your legal rights.
File Your Claim – We help you submit the proper paperwork to the right agency or court.
Build Your Case – We gather evidence, interview witnesses, and construct a compelling argument.
Pursue a Resolution – We negotiate a fair settlement or represent you in trial, if necessary.
Get Results – You receive compensation or, in some cases, reinstatement to your job.

FAQs

Conclusion: Protect Yourself Before It’s Too Late

If you’ve been treated unfairly at work, you don’t have to figure this out alone. Employee Law Group is here to help you level the playing field and take back your power. Whether it’s discrimination, wrongful termination, harassment, or unpaid wages, we have the experience and focus to get results.

Schedule your free consultation today. Let’s talk about what happened and what you can do next.

Sexually Harassing Behavior at Work in Torrance - What to Do?

Tue, 24 Jun 2025 00:22:33 GMT

Feeling uncomfortable or unsafe at work because of someone's comments, gestures, or physical contact is something no employee should have to endure. Yet, many workers in Torrance, California, quietly experience sexual harassment on the job, often unsure of what to do or where to turn. It's a situation that can take a serious toll on your emotional well-being, confidence, and career.

If this is happening to you, know that you're not alone, and more importantly, you have rights and legal protections. Understanding those rights is the initial step toward protecting yourself and taking action.

Defining Sexually Harassing Behavior

Understanding what qualifies as sexual harassment is the first step in knowing your rights and how to respond under both federal and California law.

Legal Definitions under Title VII & FEHA

Sexual harassment is defined by Title VII of the Civil Rights Act of 1964 as requests for sexual favors, unwelcome sexual advances, and other physical or verbal conduct of a sexual nature when:

Submission to or rejection of such conduct is made either implicitly or explicitly as a term or condition of employment.
Submission to or rejection of the conduct is used as the basis for employment decisions.
The conduct has the purpose or effect of unreasonably interfering with work performance or creating an intimidating, hostile, or offensive work environment.

In California, the Fair Employment and Housing Act (FEHA) provides even stronger protections. It applies to employers with five or more employees and prohibits both quid pro quo and hostile work environment harassment. Unlike federal law, FEHA does not require the behavior to be severe or pervasive to qualify as a violation.

Types of Harassment

There are two main types of sexual harassment :

Quid pro quo harassment: This occurs when job benefits (like promotions or salary increases) are directly tied to submission to sexual advances.
Hostile work environment: This includes any unwelcome conduct of a sexual nature that creates a humiliating or offensive environment.

Examples of sexual harassment may include:

Unwanted physical contact, like touching or hugging
Sexually explicit jokes or comments
Sharing pornographic material in the workplace
Pressuring someone for dates or sexual activity
Spreading rumors about someone’s sex life

Who Can Be Affected

Workplace sexual harassment can happen to anyone. It affects employees, independent contractors, interns, volunteers, and even job applicants. Harassment also occurs between individuals of the same sex, and it is not limited to harassment of women in workplace settings.

The U.S. Supreme Court case Oncale v. Sundowner Offshore Services established that same-sex harassment is also considered sexual harassment under federal law. Everyone has a right to a safe and respectful work environment, regardless of gender identity or sexual orientation.

Recognizing Harassing Behavior in the Torrance Workplace

Sexual harassment in the workplace may appear obvious or be subtle and insidious. It can include:

Physical conduct (touching, groping)
Verbal behavior (crude jokes, sexual comments)
Visual displays (sexually suggestive posters or texts)
Digital misconduct (harassing emails or messages)

Behavior is considered sexual harassment when it makes a reasonable person feel uncomfortable, threatened, or humiliated. Even if the behavior doesn’t involve direct physical contact, unwanted sexual attention or remarks may still be actionable.

In the Torrance area, common complaints include employees being propositioned by supervisors, receiving sexually suggestive texts after work hours, or enduring regular crude comments disguised as "jokes."

Immediate Steps to Take If It Happens to You

If you're experiencing sexual harassment at work, knowing what to do at the moment can make a big difference. Here are practical steps you can take to protect yourself and begin addressing the situation.

Prioritize Safety & Emotional Well-Being

First, acknowledge your feelings. If you feel unsafe, anxious, or violated, your reaction is valid. Consider speaking with a therapist, a trusted friend, or a support group. Organizations like the National Sexual Assault Hotline (800-656-HOPE) are available 24/7.

Document All Details

Documentation is critical. When harassment occurs, write down what happened :

Who was involved?
What exactly was said or done?
Where and when did it happen?
Were there any witnesses?

Save emails, text messages, photos , or any form of evidence. Back up files of your work devices, preferably in a personal cloud account or external drive.

Communicate Your Boundaries Clearly

Tell the harasser that their conduct is unwelcome. This doesn't have to be confrontational. You can write something like, "Your comment made me uncomfortable, and I'd appreciate it if you didn't say that again."

Making your stance clear strengthens your legal position and documents your response if the harassment continues.

Report Internally

Use your company’s HR channel to submit a formal written complaint. If HR is unresponsive or complicit, escalate the matter to senior leadership.

Ensure that your complaint is:

Clear and detailed
Dated and signed
Sent to the right person or department

Retain a copy for your records.

Employer Obligations Under California Law

While employees have the right to speak up, employers in California also carry clear legal responsibilities to prevent, address, and remedy sexual harassment in the workplace.

Prevention & Training

Under FEHA , California employers with five or more employees must provide sexual harassment prevention training. Supervisors must receive 2 hours of training every two years, and non-supervisory employees must receive at least 1 hour.

Prompt Investigation & Remediation

Once a complaint is received, the employer must take immediate and appropriate action. This includes:

Investigating the claim thoroughly
Interviewing all parties
Taking disciplinary measures if harassment occurred

Failure to act appropriately can result in legal liability for the employer.

Anti-Retaliation Duty

It is illegal for an employer to retaliate against you for reporting sexual harassment. If you face demotion, termination, or a hostile work environment after filing a complaint, you may have grounds for a separate retaliation claim.

What to Do If the Employer Fails to Act

If your employer ignores your complaint or fails to take meaningful action, you still have options to protect your rights and pursue justice through other channels.

Escalate Internally

If your employer fails to investigate or act, you can raise your complaint to a higher-level manager or corporate compliance officer. Make sure your escalation is also documented.

File with State & Federal Agencies

You can file a complaint with:

California Civil Rights Department (CRD) – formerly DFEH
EEOC (Equal Employment Opportunity Commission)

These agencies allow you to obtain a Right-to-Sue letter, which is required before filing a civil lawsuit.

Consult Employment Counsel

Legal professionals like Employee Law Group can guide you through this process, ensure deadlines are met, and develop the strongest legal case possible. Our attorneys can negotiate on your behalf or prepare to litigate if necessary.

Litigation & Settlement

Many sexual harassment cases are settled before trial. However, litigation may yield:

Compensatory damages (emotional distress, lost wages)
Punitive damages
Injunctions or court orders to stop future harassment

Confidentiality agreements often follow settlements, but they can include non-disparagement clauses that affect your ability to speak about the case.

Dealing with Retaliation

If you’re facing retaliation for reporting harassment, that’s illegal.

Examples of retaliation include:

Being demoted
Getting fewer hours or poor performance reviews
Being excluded from meetings or communications

Document these actions, escalate internally, and contact the EEOC or CRD to file a retaliation claim.

Healing & Support During & After the Process

Experiencing sexual harassment often takes a heavy emotional toll. Many people suffer from anxiety, depression, and feelings of isolation.

Helpful coping strategies include:

Therapy or counseling
Support groups (online or local)
Journaling to process feelings
Practicing self-care and setting boundaries

You may also qualify for medical leave or accommodations under the California Family Rights Act (CFRA) or the federal Family and Medical Leave Act (FMLA).

How Employee Law Group Can Help

At Employee Law Group, we focus exclusively on protecting the rights of employees who’ve experienced sexual harassment in the workplace. From your first consultation to resolution, we’re committed to standing with you every step of the way.

Our services include:

Free, confidential consultations
In-depth knowledge of California sexual harassment and retaliation laws
AI-powered case analysis for fast, accurate assessments
Strategic negotiation and skilled courtroom representation

With offices in Torrance and Sacramento, we’re here to ensure you never have to navigate this process alone.

Frequently Asked Questions

Conclusion

If you’ve been sexually harassed at work, know this: you have legal rights and a support system. No one deserves to feel unsafe in their place of employment.

Sexual harassment is illegal, and California law provides strong remedies to hold employers and individuals accountable.

Reach out to Employee Law Group for a free consultation. Together, we can protect your rights, seek justice, and build a workplace culture based on respect and dignity.

Know Your Pregnancy Rights in California Workplaces

Fri, 13 Jun 2025 23:41:50 GMT

Finding out you’re pregnant can be one of the most emotional moments of your life; exciting, nerve-wracking, and filled with questions about the future. But for many workers in California, that excitement is quickly overshadowed by uncertainty at work.

What happens if your employer isn’t supportive? Do they have to accommodate your needs? What rights do you actually have?

The good news is that both federal and California laws offer strong protections for pregnant workers. The federal Pregnant Workers Fairness Act (PWFA), which took effect on June 27, 2023, along with California's Fair Employment and Housing Act (FEHA), aims to ensure fair treatment, reasonable accommodations, and job security throughout pregnancy and beyond.

If you're pregnant or planning to be, knowing your rights is essential. This article will walk you through the legal protections available so you can make informed decisions with confidence.

Legal Foundations: Federal & California Protections

To understand your rights as a pregnant worker, it helps to start with the key federal and state laws that provide legal protection and ensure fair treatment in the workplace. Here's a breakdown of the major regulations you should know.

Pregnancy Discrimination Act (PDA, 1978)

The Pregnancy Discrimination Act (PDA) is a federal law under Title VII of the Civil Rights Act. It prohibits employers with 15 or more employees from discriminating based on pregnancy, childbirth, or related medical conditions. That means your employer cannot refuse to hire, demote, terminate, or treat you unfairly simply because you are pregnant.

This law also considers pregnancy discrimination a form of sex discrimination, which is enforced by the Equal Employment Opportunity Commission (EEOC). If you believe you were discriminated against, you can file a charge with the EEOC.

Pregnant Workers Fairness Act (PWFA, 2022/2023)

The PWFA , effective as of June 27, 2023, requires covered employers to provide reasonable workplace accommodations to pregnant and postpartum workers unless doing so would pose an undue hardship. Examples include more frequent breaks, light duty, or modified work schedules.

This Act gives employees the right to request changes at work without fear of retaliation. It protects you even if your employer thinks you’re unable to work due to pregnancy. Learn more at EEOC.gov.

California FEHA & Pregnancy Disability Leave (PDL)

California goes even further than federal law. The Fair Employment and Housing Act (FEHA) protects workers at companies with five or more employees from discrimination due to pregnancy or any medical conditions related to pregnancy or childbirth.

If you're disabled by pregnancy, you may be eligible for Pregnancy Disability Leave (PDL) for up to 17.3 weeks . During this time, your employer must hold your job and continue your health benefits.

California Family Rights Act (CFRA)

Under the California Family Rights Act (CFRA), eligible employees at worksites with 50 or more employees may take up to 12 weeks of bonding leave following the birth of a child. This leave is separate from PDL and does not require a pregnancy-related condition.

Who Is Covered & Eligibility Requirements

Understanding your rights starts with knowing whether you and your employer are covered by these laws. The sections below outline the key eligibility requirements and what you may need to provide to access these protections.

Covered Employers & Thresholds

Understanding coverage thresholds is crucial. Under:

PDA and PWFA : Employers with 15 or more employees
FEHA : Employers with five or more employees
CFRA/FMLA : 50+ employees within a 75-mile radius

Covered Employees

If you are pregnant or plan to become pregnant, you are covered. The law also applies to workers affected by pregnancy-related conditions such as miscarriage, gestational diabetes, or recovery from childbirth.

Notice & Documentation Requirements

You typically need to let your employer know at least 30 days in advance of planned leave, if possible. A doctor’s note or medical certification may be required for accommodations or leave. Always document your communication.

Reasonable Accommodations at Work

During pregnancy, you may need changes to your work routine to stay healthy and productive. Laws at both the federal and state levels ensure you have the right to request these accommodations and receive fair consideration from your employer.

What Qualifies as a “Reasonable Accommodation”

A reasonable accommodation is any adjustment that allows you to perform your job safely while pregnant. Examples include:

Sitting instead of standing
Reduced lifting
Flexible work hours
Extra restroom or hydration breaks
Time off for prenatal visits
Breaks to pump milk at work

Employer Obligations Under PWFA & FEHA

Your employer must accommodate employees affected by pregnancy unless it creates a significant difficulty or expense. Importantly, they cannot force you to take leave if a reasonable accommodation can help you continue working.

Interactive Accommodation Process

The law requires an interactive process between you and your employer. This is a collaborative discussion to explore options. Make your request in writing, and keep detailed records.

Pregnancy Disability Leave: Using Your Time Off

If pregnancy or childbirth affects your ability to work, California law provides job-protected leave to support your health and recovery. Understanding how Pregnancy Disability Leave works (and how it coordinates with other types of leave) can help you make the most of your time off.

PDL Basics

Under California law, if you are disabled by pregnancy, your employer must hold your position open during Pregnancy Disability Leave. This is separate from CFRA or FMLA.

PDL can last up to 4 months per pregnancy and may include time off before and after birth for recovery.

Paid Leave Options

You may qualify for:

● State Disability Insurance (SDI) while on PDL

● Paid Family Leave (PFL) to bond with your baby after birth

Learn more at the California Department of Labor .

FMLA/CFRA Coordination

You may be eligible for FMLA and CFRA, which can be used after PDL ends. In total, some workers can take up to 7 months of protected leave.

Supporting Nursing Mothers

For many new mothers, continuing to breastfeed after returning to work is important. State and federal laws help make this possible by requiring specific accommodations for lactation in the workplace.

Federal PUMP Act Requirements

The Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act gives workers the right to pump milk at work. Employers with 15 or more employees must provide reasonable break time and a private, non-bathroom space for lactating employees.

California Lactation Accommodation

California requires employers to:

Provide breaks to pump milk
Offer a clean, private space close to your work area
Maintain this through the baby’s first birthday

Prohibited Actions & Employer Missteps

While laws offer strong protections, it’s also important to recognize what employers are not allowed to do. Understanding these prohibited actions can help you identify when your rights are being violated.

Discrimination & Harassment

Your employer cannot ask if you are pregnant during hiring or penalize you based on pregnancy, childbirth, or breastfeeding. This includes demotion, pay cuts, or reassignment.

Retaliation Protections

If you request accommodations or file a complaint, your employer may not retaliate. Retaliation includes being written up, losing hours, or being fired. Such actions are illegal.

Undue Hardship Defense

Employers can only deny accommodations if they can prove undue hardship, which means a significant cost or difficulty. This is a high bar and not easily met.

Enforcement: Filing Complaints & Legal Recourse

If your rights are violated, you don’t have to handle it alone. There are clear steps you can take to report the issue, seek legal support, and hold your employer accountable under the law.

Internal Options

Start by telling your employer and speaking with HR. If the issue persists, move forward with a formal complaint.

Government Agencies

EEOC : File a charge within 180 days at EEOC.gov
California Civil Rights Department (CRD) : File within 1 year - calcivilrights.ca.gov

Litigation & Penalties

You may be entitled to:

Back pay
Reinstatement
Compensatory damages
Attorney’s fees

Timeline & Deadlines

Missing the deadline can harm your case. Always act quickly and keep documentation.

Role of Employee Law Group

Our team will help you file a charge of discrimination, represent your case, and fight to protect your rights. We support workers affected by pregnancy across California.

Best Practices for Employees & Employers

Understanding the law is only part of the equation. Taking proactive steps (whether you're an employee or an employer) can help prevent misunderstandings and ensure compliance.

For Employees

Document everything (emails, conversations, forms)
Be clear when asking for accommodations
Know your rights, and don't hesitate to seek legal support

For Employers

Post required notices
Train management on pregnancy rights
Engage in the interactive process in good faith

Changing Landscape & Future Developments

Pregnancy-related workplace laws continue to change, with new interpretations, expanded protections, and advancements in how legal support is delivered. Staying informed helps you adapt to these ongoing changes.

Federal Updates

The EEOC clarified in 2024 that PWFA protections apply to abortion, miscarriage, and other pregnancy-related conditions.

California Trends

California may expand enforcement through the CRD and increase leave protections. Watch for updates on calcivilrights.ca.gov .

Role of AI & Legal Technology

At Employee Law Group, we use AI-powered case management to streamline communication and maximize results for clients. Innovation enhances our ability to serve workers with complex cases quickly and effectively.

About Employee Law Group

At Employee Law Group, we stand up for workers in California, especially those affected by pregnancy-related discrimination. With offices in Torrance and Sacramento, our legal team combines deep legal experience with innovative AI-driven client service.

We fight to hold employers accountable and ensure that every worker knows their rights and receives the fair employment treatment they deserve.

Frequently Asked Questions

Summary

Your pregnancy rights are protected under federal and California law. You have the right to be free from discrimination, to receive reasonable accommodation, and to take protected leave for conditions related to pregnancy or childbirth. If your employer is violating your rights, don’t wait.

Call Employee Law Group today. Contact us for a free consultation , and let us be your advocates in the fight for fair employment.

Workplace Ageism in Torrance? Understand Your Legal Options

Thu, 29 May 2025 14:23:57 GMT

If you’ve ever been passed over for a promotion or felt sidelined at work because of your age, you are not alone. Ageism in the workplace continues to be a significant issue in Torrance, affecting experienced professionals who deserve better opportunities.

With many workers aged 50 and older, age diversity is a defining feature across industries such as tech, healthcare, and education. Yet, older employees often face subtle biases and clear instances of exclusion. Confronting these ageist practices is crucial for creating fair and inclusive workplaces.

In this article, we’ll explore your legal options, helping you understand your rights as an employee and the steps you can take to protect them.

What Is Ageism?

Ageism is discrimination, prejudice, or stereotyping against individuals or groups based on their age. While it can affect people of all ages, it is most commonly experienced by older adults in the workplace, healthcare settings, and society at large. In professional environments, ageism may manifest through exclusion from projects, denial of promotions, biased hiring practices, or negative assumptions about one's abilities solely due to age.

The impacts of ageism go beyond missed opportunities; they can lead to emotional distress, financial instability, and a lack of career growth for those affected.

Recognizing Age Discrimination

Recognizing age discrimination can be difficult, but understanding the common signs can help you identify if it’s happening to you.

Common Signs of Ageism

Age discrimination at work can be easy to miss until it directly impacts you. Common signs include:

Being passed up for training or career advancement opportunities.
Receiving unfavorable tasks or assignments with no justification.
Hearing comments like “you’re too experienced” or “we need fresh energy.”
Getting pushed out or encouraged to retire early.

If you’re seeing younger employees being favored over older, more experienced colleagues, or if you’ve felt pressure to downplay your experience or even hide your age on job applications, you may be dealing with discrimination.

Subtle Forms of Discrimination

While some cases of age discrimination in the workplace are blatant, many are more subtle and based on age-related stereotypes. This form of implicit bias can show up in various ways, such as:

Performance reviews that unfairly focus on age or outdated assumptions rather than actual work performance
Hiring decisions that favor younger candidates due to biases about energy or adaptability
Workplace culture that prioritizes youth, excluding older employees from social events or key activities

Perceived ageism - The feeling that you’re being treated unfairly due to your age can negatively impact job satisfaction, mental health, and your sense of belonging at work.

Institutional ageism - Plays a role when company policies unintentionally favor younger workers. For instance, promotional strategies aimed at recent graduates or tech onboarding processes that don’t address the training needs of older employees may reflect inherent bias.

Legal Protections Against Age Discrimination

Now that we've explored the common signs of age discrimination, it’s important to understand the legal protections available to you.

Federal Laws

The Age Discrimination in Employment Act of 1967 (ADEA) protects workers aged 40 and above from discrimination based on their age. Under the ADEA, employers with 20 or more employees cannot make hiring, firing, or promotion decisions based solely on age. Learn more at the Equal Employment Opportunity Commission (EEOC) .

The law also prohibits age-based harassment, retaliation against those who file complaints, and the implementation of workplace policies that disproportionately impact older workers, unless justified by a business necessity.

California State Laws

California takes things a step further. The Fair Employment and Housing Act (FEHA) prohibits age discrimination in companies with just five or more employees. It covers not only hiring and firing decisions but also training, compensation, and any condition of employment. The FEHA also explicitly protects workers over the age of 40 and allows broader damages than federal law.

Comparison Between Federal and State Laws

While both laws serve to combat ageism, FEHA often provides greater protection and a broader scope. For example:

In many cases, pursuing your claim under California law rather than federal law may lead to a stronger case outcome.

Filing a Complaint: Step-by-Step Guide

Once you’ve recognized the need to take action, it’s important to follow the proper steps for filing a complaint. Let’s walk through the process, starting with internal company procedures.

Internal Company Procedures

Before pursuing legal action, you’ll want to exhaust your internal reporting channels. Report incidents to your HR department or direct supervisor and keep records of your complaint. Be sure to:

Document dates, names, and specific details.
Keep a copy of any written communication.
Ask for a written response from HR.

External Reporting

If internal efforts don’t resolve the issue, file a complaint with the EEOC or the California Civil Rights Department (CRD) (formerly DFEH). You must file with one of these agencies before you can take your claim to court.

EEOC Filing: File online or visit a local office. Learn more at EEOC.gov .
CRD Filing: File online through calcivilrights.ca.gov.

Timelines and Deadlines

You must act within specific timeframes:

EEOC: 180 days from the date of the discriminatory act (extended to 300 days if state law also covers it).
CRD: 3 years from the date of the incident.

Failing to meet these deadlines may forfeit your right to pursue legal remedies.

Legal Remedies and Outcomes

If you’ve taken the steps to file a complaint, understanding the potential legal remedies and outcomes is essential. Let’s explore the possible remedies you may be entitled to if your case is successful.

Potential Legal Remedies

If your claim is successful, you may be entitled to:

Back pay and front pay for lost wages.
Reinstatement to your previous position.
Compensatory and punitive damages for emotional distress.
Changes to company policies to prevent future age discrimination.

Case Study: Recent Legal Precedents in Age Discrimination

In two recent cases , employers in California successfully defended against age discrimination claims, highlighting the complexity of proving age bias in the workplace.

In Merrick v. Hilton Worldwide , a 60-year-old former Hilton employee claimed that he was laid off due to his age during a company-wide reduction in force. While the court acknowledged that Merrick met the initial criteria for age discrimination, Hilton provided legitimate reasons for his termination, such as the lack of revenue generation in his position and the outsourcing of some duties. The court ultimately ruled in favor of Hilton, emphasizing that unwise business decisions do not necessarily equate to discriminatory motives.

In another case, Robin Ford v. Chevron Corp. , Ford, a contractor for Chevron, alleged that she was passed over for job opportunities because of her age. Chevron argued that her application was rejected due to her behavioral and performance issues, not her age. The court sided with Chevron, finding that Ford did not provide sufficient evidence to support her claims of age discrimination.

These cases underscore the challenges individuals face in proving age discrimination in the workplace, especially when employers can demonstrate legitimate, non-discriminatory reasons for their decisions. However, they also serve as a reminder for employers to carefully review their practices to ensure compliance with age discrimination laws and avoid the risk of future legal challenges.

Preventing Age Discrimination

To effectively combat age discrimination, it's essential for both employers and employees to play an active role in fostering a culture of inclusivity. Here's how you can take part in promoting a more age-diverse and supportive workplace.

Employer Responsibilities

Employers must take proactive steps to ensure an age-inclusive work environment. This includes:

Training programs to combat ageist attitudes.
Transparent, merit-based promotion criteria.
Encouraging intergenerational mentorship.

Promoting age diversity improves team performance, innovation, and employee morale.

Employee Empowerment

You can help combat ageism by advocating for yourself and others. If you’re an older worker, don’t hide your age. Highlight your strengths and knowledge and skills. Connect with mentors or allies who support inclusivity, and speak up when you witness discrimination at work.

The workplace must work for everyone, regardless of age. Both older and younger employees bring value and diversity of thought.

The Role of Employee Law Group

At Employee Law Group, we believe older Americans deserve a fair shot at thriving careers. We've seen the damage age-based discrimination causes, and we’re here to fight it. Our firm is built on deep legal knowledge, aggressive advocacy, and genuine care for our clients.

We handle every step of your legal journey:

Free case evaluations.
Negotiation and mediation with employers.
Litigation in state or federal court if necessary.

We also use cutting-edge AI tools to speed up case analysis and maximize your outcome.

From securing six-figure settlements to reinstating experienced workers wrongfully terminated, our lawyers have helped many older employees reclaim their careers. We don’t just file claims, we help change lives.

Frequently Asked Questions (FAQs)

Conclusion

If you’ve experienced age discrimination, you’re not alone and you’re not powerless. Federal and California laws offer strong protections for workers over the age of 40. Knowing your rights is the first step toward reclaiming your dignity.

If you believe you’ve been targeted because of your age, don’t wait. Contact Employee Law Group today to schedule a free consultation. We’re here to help you combat ageism and restore fairness in your work environment.

Workplace Discrimination Lawyer in Torrance: Know Your Rights

Fri, 16 May 2025 03:31:27 GMT

Stepping into your workplace should feel empowering and safe. A place where your skills and dedication are valued, not overshadowed by bias or unfair treatment. Unfortunately, for many employees in Torrance and across California, discrimination based on age, race, gender, disability, or other protected characteristics is an all-too-common experience. It's not just unfair; it's illegal.

Workplace discrimination can take many forms, from subtle microaggressions to overt harassment, each leaving lasting impacts on mental health, career growth, and overall well-being.

If you’re facing discrimination at work, it's important to know that both state and federal laws are on your side. Understanding your rights is the first step toward taking back your power and seeking justice.

Understanding Workplace Discrimination

Workplace discrimination occurs when an employer takes adverse employment action against you based on a legally protected characteristic. This might include being denied a job, promotion, fair pay, or even being wrongfully terminated.

Importantly, discrimination isn't limited to hiring and firing. It includes any adverse employment action or policy that disproportionately affects protected groups. This includes harassment, which creates a hostile work environment, and retaliation, which punishes employees for reporting unlawful behavior.

Examples include:

A manager promoting less qualified male employees over more qualified female employees
Jokes or insults targeting someone’s ethnicity
Cutting hours for an older worker while younger colleagues remain unaffected

Protected Characteristics Under the Law

Under Title VII of the Civil Rights Act of 1964 , federal law prohibits discrimination based on:

Race or color
Religion
Sex (including pregnancy, sexual orientation, and gender identity)
National origin

Additional federal laws such as the Age Discrimination in Employment Act protect individuals age 40 or older from discrimination , and the Americans with Disabilities Act prohibits disability-based employment decisions.

California law extends even further. Under the Fair Employment and Housing Act (FEHA) , workers are also protected based on:

Marital status
Medical condition
Ancestry
Genetic information

Legal Framework: Federal and California Laws

To fully understand your rights against workplace discrimination, it’s crucial to recognize how federal and state laws work together. While federal laws lay the groundwork for protection, California's state laws often go a step further, offering broader safeguards and covering more employees.

Here’s a closer look at the key legal frameworks that protect you from discrimination in the workplace.

Federal Protections

Several federal laws form the foundation of employment discrimination laws:

Title VII of the Civil Rights Act of 1964 – prohibits discrimination based on race, color, religion, sex, or national origin.
Americans with Disabilities Act (ADA) – protects individuals with disabilities from discriminatory workplace policies.
Age Discrimination in Employment Act (ADEA) – protects workers 40 and older from age-based discrimination.
Equal Pay Act – mandates equal pay for equal work, regardless of sex.
Genetic Information Nondiscrimination Act (GINA) – prohibits use of genetic information in employment decisions.

California State Protections

California laws offer broader protections than federal statutes:

Fair Employment and Housing Act (FEHA) : Covers more personal characteristics and applies to smaller employers.
California Equal Pay Act : Strengthens pay equity requirements.
California Family Rights Act (CFRA) : Mirrors the federal FMLA but applies to more workers.

Understanding both state and federal law ensures you don’t miss legal remedies available under broader protections.

Recognizing Discrimination: Common Types in the Workplace

Identifying discrimination in the workplace isn’t always easy. It can be subtle, deeply ingrained in company culture, or masked by policies that seem neutral at first glance. However, understanding the common types of workplace discrimination can help you spot when your rights are being violated.

Let’s explore the most frequent forms of discrimination that impact hiring, pay, promotions, and everyday treatment on the job.

Hiring and Recruitment Bias

Employment discrimination often starts before you even land the job. Employers may post discriminatory job ads, use biased screening algorithms, or ask illegal interview questions.

If you've been unfairly rejected due to your age, accent, or gender identity, you may have grounds to file a discrimination claim.

Workplace Harassment

Harassment in the workplace includes verbal, physical, or visual conduct that creates a hostile work environment. It might be:

Inappropriate jokes
Racial slurs
Repeated unwanted advances

Sexual harassment is a specific form that includes unwelcome sexual conduct, requests for sexual favors, or any behavior of a sexual nature that affects your job.

Unequal Compensation and Benefits

Even in progressive companies, discrimination can take the form of pay inequity. If two employees perform similar work but receive different compensation based on sex, race, or disability, this violates the Equal Pay Act.

Benefits discrimination, such as denying parental leave or disability accommodations, is also unlawful.

Promotion and Advancement Discrimination

A discriminatory workplace often promotes individuals based on bias rather than merit. This is commonly seen in:

Glass ceiling barriers for women
Age discrimination blocking older workers from promotions

If you’re overlooked despite superior qualifications, you may be a victim of discrimination.

Wrongful Termination and Retaliation

Being fired for filing a complaint or participating in an investigation constitutes unlawful discrimination. Retaliation can also include demotions, negative performance reviews, or exclusion from meetings.

According to the EEOC, retaliation is the most frequently alleged basis of discrimination.

Steps to Take if You Experience Discrimination

Taking action after experiencing workplace discrimination can feel overwhelming, but knowing the right steps can make a significant difference. From documenting incidents to filing formal complaints, each step strengthens your case and protects your rights.

Here’s what you need to do to move forward effectively.

Documenting Incidents

Start by keeping a detailed log of incidents, including:

● Dates, times, and locations

● Names of people involved and any witnesses

● Copies of related emails, texts, or memos

This documentation is vital for building a strong discrimination case.

Reporting Internally

Use your company’s internal grievance procedures. Report the incident to HR and request an investigation. Always document your report and HR’s response.

While HR is supposed to protect employees from discrimination, their duty to the employer can complicate outcomes. Be strategic.

Filing External Complaints

You can file a charge with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH).

Deadlines to file a complaint are strict. Federal law typically requires filing within 180 days, though California extends this to 300 days.

The Role of a Workplace Discrimination Lawyer

When facing workplace discrimination, the right lawyer can provide crucial guidance and strengthen your case. Here’s how legal support can make all the difference.

Legal Guidance and Representation

Workplace discrimination laws are complex, involving both federal protections like Title VII of the Civil Rights Act and state-specific regulations such as California's Fair Employment and Housing Act (FEHA).

A workplace discrimination lawyer can:

Evaluate the Strength of Your Case: Assess the evidence you’ve gathered, identify any legal violations, and determine the viability of your claim.
Identify Relevant Laws and Deadlines: Ensure that you meet strict filing deadlines for claims with agencies like the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH).
Represent You in Legal Proceedings: Handle interactions with HR, represent you in mediation or arbitration, and advocate for you during EEOC or DFEH investigations. If your case advances to court, your lawyer will present evidence, cross-examine witnesses, and fight for your rights.

Hiring an experienced discrimination attorney early in the process can significantly improve your chances of a favorable outcome. Their expertise ensures that your rights are protected from the very beginning.

Benefits of Legal Support

The right legal counsel goes beyond just representation; it empowers you with knowledge and strategic planning. An attorney helps you:

Avoid Costly Mistakes: Filing errors or missed deadlines can weaken your case. Your lawyer makes sure everything is handled correctly.
Understand Your Rights: Employment laws are complex and constantly evolving. A lawyer helps you understand your rights and options clearly
Strengthen Your Evidence and Arguments: Legal support ensures that all evidence is well-organized and presented effectively, increasing the strength of your claim.
Pursue Fair Settlements or Court Wins: Whether through settlement negotiations or litigation, your lawyer fights for the compensation and justice you deserve.

Partnering with a dedicated workplace discrimination lawyer equips you with the tools and expertise needed to navigate the complexities of employment law and stand up for your rights.

Employee Law Group: Advocates for Workplace Justice in Torrance

We exist to hold employers accountable and support employees facing unlawful discrimination. Our team uses a mix of legal expertise and cutting-edge AI platforms to improve case management and communication.

Services Offered

Handling discrimination lawsuits and harassment claims
Representing clients in negotiations and litigation
Educating clients on their legal protections and best next steps

We serve clients in Torrance and throughout California. If you need an employment discrimination attorney, we’re here to help.

Case Studies: Real-Life Impact

We’ve successfully represented employees in:

Racial discrimination cases involving wrongful termination
Sexual orientation discrimination claims
Disability accommodation denials

Our clients have recovered lost wages, reinstatement, and even public apologies. Their stories prove that with the right legal team, justice is within reach.

Frequently Asked Questions (FAQs)

Conclusion: Empowering Employees to Assert Their Rights

Discrimination at work is not only demoralizing; it’s against the law. You have the right to a safe and respectful workplace, and legal protections are in place to support you.

Take action by documenting the incidents, voicing your concerns, and connecting with a trusted employment attorney who will advocate for your rights.

At Employee Law Group, we believe in more than just handling cases, we believe in making a difference. If you suspect employment discrimination, let us help you safeguard your future. Contact us today and get a free appointment with our best workplace discrimination lawyer.

How to File Wrongful Termination Lawsuit in Torrance

Mon, 28 Apr 2025 21:23:21 GMT

Imagine waking up one morning, heading into work like any other day, and being blindsided by a termination letter—no warning, no reason that makes sense. You walk out confused, hurt, and wondering: Was this even legal?

If this sounds familiar, you may be the victim of wrongful termination. Understanding your rights and knowing what steps to take could make all the difference.

Wrongful termination occurs when an employer fires an employee for unlawful reasons, violating state or federal laws, an employment contract, or public policy. In Torrance, California, workers benefit from some of the most robust employment law protections in the nation.

This guide walks you through everything you need to know about filing a wrongful termination lawsuit, ensuring you're equipped with the knowledge and confidence to take action.

Understanding Wrongful Termination in California

Wrongful termination refers to an unlawful dismissal from a job that violates your rights under state or federal law, or breaches a written or implied employment contract. California is an at-will employment state, which means an employer may generally terminate an employee at any time, for any reason - or for no reason at all. However, there are significant exceptions.

You may have grounds for a wrongful termination claim if you were fired based on discrimination, retaliation, or any other reason that violates public policy.

For instance, if you were fired for whistleblowing , filing a complaint about workplace harassment, or taking medical leave under the Family and Medical Leave Act ( FMLA ), your employer may have broken the law.

The most common grounds for wrongful termination lawsuits include:

Discrimination based on race, gender, national origin, religion, disability, age, or genetic information which violates laws like Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA) , and the Age Discrimination in Employment Act (ADEA) .
Retaliation for engaging in protected activities like filing a harassment complaint or participating in an EEOC investigation.
Violation of public policy , such as being terminated for refusing to break the law.
Breach of contract , where an employment contract (written or implied) was violated by your employer.

Assessing the Validity of Your Claim

The first step toward justice is to determine whether your termination qualifies as wrongful. While being fired unfairly feels personal, not all unfair terminations are illegal. You’ll need to evaluate whether your firing was due to any unlawful or discriminatory reasons.

Start by gathering initial evidence. This includes your employment contract, employee handbook, termination letter, emails or messages related to your firing, and records of your performance reviews. If you experienced harassment or discrimination , compile documentation or witness accounts.

You should also consider seeking advice from a qualified employment lawyer. An experienced wrongful termination attorney will help you determine the strength of your case, explain your legal options, and advise on how best to move forward. A free consultation can help you clarify whether you may be able to sue for wrongful termination.

Filing a Complaint with Relevant Agencies

Before you can file a lawsuit, you often must file a complaint with the Equal Employment Opportunity Commission ( EEOC ) or California’s Civil Rights Department ( CRD ). These are critical administrative remedies that must be exhausted in most discrimination-based wrongful termination cases.

Filing with the CRD involves:

Completing an intake form
Providing evidence or explanation of your claim
Cooperating in the investigation process

For federal cases, the EEOC handles claims related to federal anti-discrimination laws. The EEOC process is similar, and in some cases, may be more suitable if your wrongful discharge involves multi-state employers or federal jurisdiction.

After an investigation, either agency may issue a Right to Sue letter, which grants you legal permission to move forward with a wrongful termination lawsuit. This letter is a crucial step in the litigation process.

Initiating a Civil Lawsuit in Torrance

Once you receive your Right to Sue, you can begin filing a wrongful termination lawsuit. The process begins with your employment attorney drafting a complaint outlining the facts, legal grounds, and damages sought. You’ll also need to serve your employer with a copy of the lawsuit.

From there, your case will enter the discovery phase, where both sides exchange evidence and gather depositions. You may encounter pre-trial motions, and in many cases, the court will encourage settlement discussions.

Outcomes vary: you could receive a settlement, go to trial, or in rare cases, be reinstated. An experienced law group like Employee Law Group can help you navigate this process effectively, pushing for the compensation you deserve.

Potential Remedies and Compensation

If you win your wrongful termination case, you may receive several forms of compensation. These typically include:

Back pay and benefits : Covering lost wages from the date of termination to the judgment.
Emotional distress damages : Compensation for mental anguish caused by the firing.
Punitive damages : In cases of severe discrimination or malicious intent.
Reinstatement : In some situations, you may be offered your job back.

The average settlement varies based on factors such as evidence strength, employer size, and emotional or financial harm endured. The court may also weigh whether the termination occurs as part of a broader pattern of unlawful employment practices.

Statute of Limitations and Critical Deadlines

Act quickly - there are strict deadlines when it comes to wrongful termination claims. In California:

You have 3 years to file with the CRD for employment discrimination.
The EEOC requires complaints within 180 to 300 days from the termination date, depending on jurisdiction.
After receiving a Right to Sue letter, you usually have 90 days to file a lawsuit in court.

Failing to meet these deadlines can forfeit your right to sue for wrongful termination. An employment lawyer will ensure you stay compliant with all filing requirements.

The Role of Evidence in Strengthening Your Case

To win your case, you’ll need compelling evidence. This could include:

Emails or texts showing discriminatory intent
Witnesses who observed harassment or retaliation
Copies of your performance reviews to counter poor performance claims

Organize your documentation carefully and avoid deleting any relevant messages or files. A solid case depends on your ability to prove wrongful termination beyond reasonable doubt.

Choosing the Right Legal Representation in Torrance

The attorney you choose can make or break your case. Look for:

Proven experience handling wrongful termination lawsuits
Familiarity with California employment law and local Torrance courts
Clear and affordable fee structures, such as contingency fees where you pay only if you win

At Employee Law Group, we specialize in employment law and are passionate about defending the rights of wrongfully terminated employees . From discrimination to retaliation, we’ve successfully represented countless workers across Torrance and greater Los Angeles.

Frequently Asked Questions (FAQs)

Conclusion

If you believe you were fired illegally, you may have a strong claim for wrongful termination. Knowing your rights, understanding the legal process, and acting quickly can significantly improve your chances of achieving justice.

At Employee Law Group, we fight for people just like you- those who were wrongfully terminated and deserve answers. Book your free consultation with Employee Law Group today! Let us help you understand your rights and take the next step forward.

Whistleblower Protections in Torrance – Your Legal Rights

Fri, 18 Apr 2025 20:48:07 GMT

If you work in Torrance and discover that your employer is doing something illegal like falsifying safety records or committing fraud, you might feel stuck. Speaking up could cost you your job, but staying silent doesn’t sit right either. It’s a tough spot that many public and private employees face.

The good news is, both federal and California laws are on your side. These whistleblower protections are designed to help you report wrongdoing without putting your career on the line. Knowing your rights is the first step to protecting yourself while doing the right thing.

Understanding Whistleblower Protections

Whistleblower protection laws are designed to shield employees from adverse actions by their employers when they report violations of laws, safety regulations, or public policies.

These laws encourage transparency and accountability by ensuring that individuals can report misconduct without facing retaliation such as termination, demotion, or harassment.

Federal vs. State-Level Protections

At the federal level, various statutes, including the Occupational Safety and Health Act (OSHA), provide protections for whistleblowers. OSHA enforces provisions that prohibit employers from retaliating against employees who report violations related to workplace safety and health, among other concerns.

In California, state-specific laws offer additional safeguards. The California Labor Code Section 1102.5 , for instance, prohibits employers from retaliating against employees who disclose information they reasonably believe to be a violation of state or federal statutes.

Role of the U.S. Department of Labor

The U.S. Department of Labor (DOL) plays a pivotal role in enforcing whistleblower rights. Through its Whistleblower Protection Program , the DOL investigates and adjudicates complaints of retaliation against employees who engage in protected activities.

This program covers a wide range of industries and ensures that whistleblowers can report violations without fear of retribution.

California's Whistleblower Protection Laws

California has enacted comprehensive laws to protect whistleblowers, recognizing the importance of safeguarding employees who report misconduct.

California Labor Code Section 1102.5

This section is a cornerstone of California's whistleblower protections. It prohibits employers from creating policies that prevent employees from disclosing information to government or law enforcement agencies if the employee has reasonable cause to believe that the information reveals a violation of laws or regulations. Additionally, it forbids retaliation against employees for such disclosures.

California Whistleblower Protection Act

Aimed specifically at state employees, this act allows individuals to report waste, fraud, abuse of authority, or threats to public health without fear of retribution. It underscores the state's commitment to transparency and accountability within its agencies.

Recent Developments in California Whistleblower Protections

California continually updates its laws to strengthen protections for whistleblowers.

Silenced No More Act

Effective January 1, 2022, the Silenced No More Act ( SB 331 ) expanded restrictions on non-disclosure agreements (NDAs). Previously, NDAs could prevent employees from speaking out about certain unlawful acts.

This act ensures that NDAs cannot silence employees regarding any form of harassment or discrimination, empowering them to report misconduct without contractual constraints.

2024 Updates to Labor Code 1102.5

In 2024, amendments to Labor Code 1102.5 introduced enhanced penalties for employers who retaliate against whistleblowers and broadened the definition of protected activities. These changes aim to deter retaliation and provide clearer guidelines on what constitutes protected whistleblowing.

Whistleblower Protections Specific to Torrance

The City of Torrance has established mechanisms to address and report improper governmental activities.

City Policies on Reporting Improper Activities

Torrance's Internal Audit Division is authorized to receive complaints from employees and the public regarding improper governmental activities. These activities include actions by city employees that violate laws or policies, are economically wasteful, or involve gross misconduct.

Procedures and Confidentiality

Individuals can report suspected fraud or misconduct through designated channels, with assurances of confidentiality to protect the identity of the whistleblower. This encourages reporting by mitigating fears of exposure or retaliation.

4 Steps to Take If You Experience Retaliation

If you believe you're facing retaliation after reporting misconduct or illegal activities within your workplace, it's crucial to act promptly and methodically to protect your rights and build a strong case.

Here's a step-by-step guide to navigate this challenging situation:

1. Document Everything

Begin by meticulously recording all incidents related to the retaliation. This includes dates, times, locations, individuals involved, and detailed descriptions of each event. Save emails, text messages, memos, and any other forms of communication that may serve as evidence. Comprehensive documentation can be pivotal in substantiating your claims.

2. Report Internally

Before seeking external avenues, utilize your organization's internal mechanisms to address the issue. Report the retaliatory actions to your Human Resources department or a designated compliance officer.

Ensure your complaint is in writing and request a formal acknowledgment. Internal reports not only provide the employer an opportunity to rectify the situation but also demonstrate that you sought resolution within the organization.

3. Seek External Assistance

If internal reporting doesn't lead to a satisfactory resolution, or if you fear further retaliation, it's advisable to approach external agencies.

In California, the Labor Commissioner's Office, specifically the Retaliation Complaint Investigation Unit (RCI), investigates workplace retaliation complaints. Complaints can be filed online, in person, by mail, email, phone, or fax. Detailed instructions and forms are available on their official website.

4. Consult Legal Counsel

Engaging with experienced employment lawyers are crucial to navigate the complexities of retaliation claims. Legal professionals can offer personalized advice, help gather and present evidence effectively, and represent you in proceedings.

Firms like Employee Law Group specialize in whistleblower and retaliation cases , ensuring that your rights are robustly defended.

Role of Legal Counsel in Whistleblower Cases

Navigating a whistleblower retaliation case can be intricate and emotionally taxing. Legal counsel plays a pivotal role in ensuring that your rights are upheld and that you receive the protection and compensation you deserve.

How Attorneys Assist in Whistleblower Claims

Attorneys specializing in employment law provide several essential services:

Case Evaluation : Assessing the merits of your claim based on the evidence and applicable laws.
Guidance on Procedures : Advising on the appropriate steps to take, including filing complaints with relevant agencies and adhering to statutory deadlines.
Representation : Advocating on your behalf in negotiations, hearings, and court proceedings to seek remedies such as reinstatement, back pay, and damages.

Choosing Experienced Employment Law Attorneys

Selecting the right whistleblower attorney is crucial. Look for legal professionals with a proven track record in handling whistleblower and retaliation cases.

Experience in employment law, familiarity with both federal and California-specific statutes, and a commitment to client advocacy are essential qualities.

Employee Law Group, with offices in Torrance and Sacramento, CA, exemplifies these attributes, offering dedicated support to clients facing workplace injustices.

Overview of Employee Law Group's Expertise and Commitment

Employee Law Group prides itself on providing personalized and effective legal representation. Their team understands the challenges whistleblowers face and is committed to protecting clients from retaliatory actions.

With a focus on employment law, they offer services ranging from wrongful termination to wage violations, ensuring comprehensive support for employees.

Frequently Asked Questions (FAQs)

Conclusion

Whistleblower protections are fundamental to promoting ethical practices and accountability in the workplace. If you find yourself in a position where you need to report misconduct, it's essential to understand your rights and the legal safeguards in place.

Taking prompt action, documenting incidents meticulously, and seeking both internal and external support can make a significant difference. Consulting with experienced legal professionals, such as those at Employee Law Group, can provide the guidance and advocacy needed to navigate these complex situations effectively.

If you have questions or need help with a whistleblower case, reach out to Employee Law Group for a free consultation . We’re here to help you understand your rights and protect your future.

How to Get Paid for Maternity Leave in Torrance & LA, California

Wed, 19 Mar 2025 18:07:27 GMT

Taking maternity leave is an important time for new parents, but figuring out how to get paid during your leave can be confusing. In Torrance, California, several programs can provide financial support while you take time off to recover and care for your baby.

Understanding your rights and the benefits available—such as state disability insurance (SDI), paid family leave (PFL), and employer policies—can help you plan for a secure and stress-free leave. Here’s what you need to know about getting paid for maternity leave in Torrance.

Understanding Maternity Leave: Definitions and Importance

To fully understand how maternity leave works, it's important to break down its definition and why it matters for both parents and employers.

What is Maternity Leave?

Maternity leave refers to the time a mother takes off from work following the birth or adoption of a child. This time allows for recovery from childbirth and the establishment of a bond with the new child.

While the duration and compensation for maternity leave vary globally, in the United States, it often encompasses a combination of unpaid leave, disability leave, and paid family leave, depending on federal and state provisions.

The Importance of Maternity Leave

The significance of maternity leave extends beyond mere time off. It offers numerous benefits:

Health Benefits : Maternity leave provides mothers with the necessary time to recover physically and emotionally from childbirth. It also facilitates essential bonding, promoting the child's development and well-being.
Workplace Morale and Retention : Employers who offer comprehensive maternity leave policies often see increased employee satisfaction and loyalty. This support can lead to higher retention rates and a more positive workplace environment.

Federal Maternity Leave Provisions

At the federal level, maternity leave protections are primarily governed by the Family and Medical Leave Act (FMLA), which outlines specific rights and eligibility criteria for employees.

Family and Medical Leave Act (FMLA)

At the federal level, the Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons, including the birth and care of a newborn.

Eligibility Criteria:

Employer Size : FMLA applies to employers with 50 or more employees within a 75-mile radius.
Employee Tenure : You must have worked for the employer for at least 12 months and accumulated at least 1,250 hours of service during that period.

Entitlements under FMLA:

Unpaid Leave : Up to 12 weeks of unpaid leave.
Job Protection : Guarantee of returning to the same or an equivalent position post-leave.
Health Insurance Continuation : Maintenance of group health insurance coverage during the leave.

Limitations:

Unpaid Nature : FMLA does not mandate paid leave, which can pose financial challenges.
Employer Applicability : Not all employers are covered, particularly smaller businesses.

California State Maternity Leave Laws

California offers more expansive maternity leave benefits compared to federal provisions, ensuring broader coverage and support for employees.

California Family Rights Act (CFRA)

The California Family Rights Act (CFRA) mirrors FMLA but with broader applicability.

Eligibility Criteria:

Employer Size : Applies to employers with five or more employees.
Employee Tenure : Similar to FMLA, requires at least 12 months of service and 1,250 hours worked.

Entitlements under CFRA:

Unpaid Leave : Up to 12 weeks for baby bonding, to be taken within the first year of the child's birth, adoption, or foster placement.

Pregnancy Disability Leave (PDL)

California's Pregnancy Disability Leave (PDL) offers additional protections.

Eligibility Criteria:

Employer Size : Covers employers with five or more employees.
Employee Tenure : No minimum length of service required.

Entitlements under PDL:

Job-Protected Leave : Up to four months (approximately 17.3 weeks) for pregnancy-related disabilities, such as severe morning sickness, prenatal care, childbirth, and recovery.

Interaction with CFRA:

● Sequential Leave : PDL can be taken in addition to CFRA leave, potentially totaling up to seven months of leave.

Wage Replacement Benefits in California

Beyond job-protected leave, California provides wage replacement benefits to support employees financially during their time off.

State Disability Insurance (SDI)

State Disability Insurance (SDI) offers partial wage replacement for employees unable to work due to pregnancy-related conditions.

Eligibility Criteria:

SDI Contributions : You must have paid into the SDI program, typically indicated as "CASDI" on pay stubs.

Benefits:

Wage Replacement : Approximately 60-70% of wages for up to four weeks before the expected delivery date and six to eight weeks after childbirth, depending on the type of delivery.

Paid Family Leave (PFL)

Paid Family Leave (PFL) provides additional financial support for bonding with a new child.

Eligibility Criteria:

SDI Contributions : Similar to SDI; you must have paid into the program.

Benefits:

Wage Replacement : Up to eight weeks of partial wage replacement (60-70%) to bond with a new child within the first year of birth, adoption, or foster placement.

Note:

Job Protection : While PFL offers wage replacement, it does not provide job protection beyond what is offered by FMLA, CFRA, or PDL.

Employer-Specific Policies and Benefits

Individual employers may offer additional maternity leave benefits beyond federal and state mandates.

Reviewing Your Employer's Maternity Leave Policies

Understanding your employer's maternity leave policies is crucial for maximizing your benefits during this significant period.

Here's how you can navigate this process:

Consult Employee Handbooks and HR Departments

Employee Handbooks : Begin by thoroughly reviewing your company's employee handbook. This document often outlines the organization's policies on leave, including maternity leave, and any additional benefits provided.
Human Resources (HR) Department : If the handbook lacks detailed information or if you have specific questions, schedule a meeting with your HR representative. They can provide clarity on leave policies, application procedures, and any forms you may need to complete.

Potential for Additional Benefits Beyond State and Federal Provisions

Supplemental Benefits : Some employers offer benefits that exceed state and federal requirements. These can include extended paid leave, flexible work arrangements, or on-site childcare services.
Short-Term Disability Insurance : Employers might provide short-term disability insurance that offers partial wage replacement during maternity leave. It's essential to inquire about the specifics, such as the percentage of wage replacement and the duration of benefits.

Examples of Employer Policies in Torrance

Employers in Torrance, California, may offer varying maternity leave benefits.

Here's an overview of policies from notable employers in the area:

City of Torrance

The City of Torrance provides a comprehensive benefits package to its employees, which includes:

Health and Dental Insurance : Comprehensive coverage to ensure medical needs are met.
Vision Coverage : Plans that cater to routine eye care and related expenses.
Flexible Benefits : Options to use pre-tax dollars for health and dependent care expenses.
Disability Insurance : Coverage that may assist during maternity leave, offering financial support during periods of disability.
Life Insurance : Policies to provide financial security for beneficiaries.
Employee Assistance Program : Resources to support employees' mental and emotional well-being.

For detailed information, you can visit the City of Torrance's benefits overview page.

Torrance Unified School District (TUSD)

TUSD offers a range of benefits to its employees, including:

Medical, Dental, and Vision Benefits : Comprehensive coverage options for employees and their families.
Enrollment and Eligibility Information : Resources to guide employees through the process of enrolling in benefits and understanding their eligibility.

For more details, you can refer to TUSD's benefits department page.

Steps to Secure Paid Maternity Leave Benefits

Securing your maternity leave benefits involves a series of proactive steps before, during, and after your leave.

Here's a comprehensive guide:

Before Taking Leave

Notify Your Employer in Writing About Your Pregnancy and Intended Leave Dates

Formal Notification : Inform your employer about your pregnancy and anticipated leave dates well in advance. This allows for adequate planning and ensures compliance with notification requirements.

Discuss Available Leave Options and Benefits with HR

Comprehensive Discussion : Engage in a detailed conversation with your HR department to understand all available leave options, including federal, state, and employer-specific benefits.

Obtain Necessary Medical Certifications for PDL and SDI

Medical Documentation : Secure the required medical certifications to qualify for Pregnancy Disability Leave (PDL) and State Disability Insurance (SDI). Timely submission of these documents is crucial for benefit approval.

During Leave

Apply for SDI Benefits for Pregnancy-Related Disability

SDI Application : Submit your application for SDI benefits promptly to receive partial wage replacement during your disability period.

Transition to PFL Benefits After Recovery Period for Bonding Time

PFL Transition : After your recovery, apply for Paid Family Leave (PFL) benefits to continue receiving wage replacement while bonding with your new child.

Returning to Work

Communicate Return Date with Employer in Advance

Advance Notice : Inform your employer of your intended return date ahead of time to facilitate a smooth transition back to work.

Understand Your Rights to Return to the Same or a Comparable Position

Job Protection : Familiarize yourself with your rights under FMLA, CFRA, and PDL to ensure you're reinstated to your original or a comparable position upon return.

Potential Challenges and How to Address Them

Navigating maternity leave can present challenges. Being prepared to address them is essential:

Denial of Benefits or Leave

Recognizing Unlawful Denials

Legal Awareness : Understand your rights under federal and state laws to identify any unlawful denial of benefits or leave.

Immediate Steps

Documentation : Keep detailed records of all communications with your employer regarding leave requests.
Policy Consultation : Review your company's employee handbook for stated maternity leave policies.
Seek Guidance : If issues persist, contact the California Department of Fair Employment and Housing (DFEH) or the U.S. Department of Labor for assistance.

Retaliation or Discrimination

Experiencing retaliation or discrimination after requesting or taking maternity leave is both unlawful and distressing. Recognizing and addressing such actions promptly is crucial to safeguarding your rights.

Identifying Retaliation

Retaliation occurs when an employer takes adverse actions against an employee for exercising their legal rights, such as taking maternity leave. Such actions may include:

Demotion : Assigning you to a lower-ranking position without valid justification.
Reduction in Hours : Cutting your work hours or altering your schedule unfavorably upon return.
Unjustified Negative Performance Reviews : Receiving unwarranted poor evaluations that were not an issue before your leave.
Termination : Being fired after announcing your pregnancy or upon returning from leave.

It's essential to note that California law prohibits retaliation for any actions protected under the Fair Employment and Housing Act (FEHA) or other state and federal laws related to pregnancy and family leave.

Protective Measures

To protect yourself against retaliation or discrimination:

Document Adverse Actions : Maintain detailed records of any negative changes in your employment status or treatment after announcing your pregnancy or returning from leave.
Report Internally : Utilize your employer's grievance procedures to report incidents of retaliation or discrimination. This step is often necessary before external agencies will intervene.
File a Complaint with the California Civil Rights Department (CRD) : If internal resolutions are ineffective, you can file a complaint with the CRD, formerly known as the Department of Fair Employment and Housing (DFEH). The CRD investigates discrimination complaints and can take legal action if necessary.

Seeking Legal Assistance

When internal and administrative remedies do not resolve the issue, consulting an attorney experienced in employment law becomes imperative.

When to Consult an Attorney

Consider seeking legal counsel if:

You face denial of entitled benefits or suspect retaliation or discrimination related to your pregnancy or maternity leave.
Internal and administrative remedies, such as filing complaints with the CRD, have not led to a satisfactory resolution.

Finding the Right Legal Support

To find appropriate legal assistance:

Contact Local Bar Associations : Organizations like the Los Angeles County Bar Association (LACBA) can provide referrals to employment law specialists.
Reach Out to Advocacy Groups : Organizations such as Equal Rights Advocates focus on gender justice and workplace rights and can offer guidance and support.
Consult Employee Law Group: Based in Torrance, CA, Employee Law Group specializes in employment law, including maternity leave cases, and can provide expert legal assistance.

By taking these steps, you can effectively address and combat retaliation or discrimination, ensuring your rights are protected during and after your maternity leave.

Let Employee Law Group Guide You Through Your Maternity Leave Rights

At Employee Law Group, we are dedicated to protecting workers' rights and ensuring you receive the maternity leave benefits you deserve. Whether you’re facing unpaid leave, employer retaliation, or unfair treatment, our experienced team is here to fight for you.

With deep legal expertise and cutting-edge tools, we provide the support and guidance you need to navigate maternity leave laws in California. If you need strong legal advocates on your side, Employee Law Group is ready to help—right here in Torrance and Sacramento, CA.

Frequently Asked Questions (FAQs)

Conclusion

Understanding your maternity leave rights is key to securing financial stability and job protection. By knowing the laws and available benefits, you can better plan for this important time.

If you’re facing challenges with your maternity leave or employer, Employee Law Group is here to help. Contact us today for a free case evaluation and let our experienced team fight for your rights.

How to File a Defamation Lawsuit in Torrance – 5 Steps

Mon, 10 Mar 2025 17:28:28 GMT

Defamation, encompassing both libel (written defamation) and slander (spoken defamation), can have devastating effects on individuals and businesses alike.

In California, defamation is defined as a false and unprivileged statement of fact that is harmful to someone's reputation and published negligently or maliciously. Addressing statements promptly is crucial to protect your reputation and mitigate potential damages in a defamation case.

Understanding Defamation in California

Defamation occurs when someone makes a false statement presented as fact that injures another party's reputation. In California, defamation is categorized into two types: libel and slander. Libel refers to written or published defamatory statements, while slander pertains to spoken defamatory statements.

Legal Criteria for Defamation in California

To establish a defamation claim in California, you must prove defamation by demonstrating the following elements:

False Statement : The statement in question must be false. Truthful statements, regardless of their impact, do not constitute defamation.
Unprivileged : The statement must not be protected by any legal privilege. Certain communications, such as those made during judicial proceedings, are privileged and immune from defamation claims.
Publication : The statement must have been made to a third party, meaning someone other than the person defamed heard or read it.
Injury : The statement must have caused harm to the subject's reputation, leading to damages such as loss of business, emotional distress, or other negative consequences.

Assessing the Validity of Your Defamation Claim

After identifying the statement in question, the next step is to evaluate its impact and consider any legal challenges that may arise, ensuring your claim stands on solid ground.

Identifying the Defamatory Statement

The first step in assessing a defamation of character claim is to pinpoint the exact statement that is allegedly defamatory. This involves gathering evidence of the specific false statement made, including written statements, spoken remarks, or online publications. Documentation such as emails, social media posts, or recorded conversations can serve as crucial evidence.

Evaluating Harm and Damages

Once the defamatory statement is identified, it's essential to assess how it has harmed your reputation, career, or personal life. This could include loss of income, job opportunities, business relationships, or emotional distress. Quantifying these damages is vital, as it directly impacts the potential compensation you may seek.

Considering Defenses to Defamation

Before proceeding with a defamation suit, it's important to consider potential defenses the defendant might raise:

Truth : If the statement is true, it is a complete defense against defamation.
Opinion : Statements of opinion are generally not actionable, as defamation pertains to false statements of fact.
 Privilege : Certain communications are protected under privileged status, such as statements made during judicial proceedings or in governmental reports.

Step 1: Consult with a Defamation Attorney in Torrance

If you’ve been the victim of false statements that have harmed your career, reputation, or financial stability, you may have grounds for a defamation lawsuit. Whether it’s libel or slander, these false statements can cause lasting damage, and taking legal action is often necessary to set the record straight.

Importance of Legal Counsel

Navigating the complexities of defamation law requires professional guidance. An experienced defamation attorney can assess the merits of your case, advise you on the best course of action, and help you understand the potential outcomes.

Finding the Right Attorney

When seeking legal representation, it's crucial to find an attorney experienced in defamation cases within California. Researching and selecting an attorney with a proven track record in handling similar cases can significantly impact the success of your lawsuit.

Initial Consultation

During the initial consultation, you'll discuss the specifics of your case, including the defamatory statements, evidence collected, and the harm suffered. The attorney will evaluate the potential for a successful lawsuit and outline the steps involved in pursuing your claim.

Step 2: Gathering Evidence

With legal guidance secured, the next step is collecting solid evidence to support your claim.

Documenting the Defamatory Statement

Collecting all instances of the defamatory statement is crucial. This includes screenshots, recordings, written publications, or any other form of the statement. Ensuring that this evidence is preserved and accurately reflects the defamatory content is essential for building a strong case.

Identifying Witnesses

Identifying a public figure who heard or read the defamatory statement and can testify to its impact is vital. Witnesses can provide firsthand accounts of how the statement affected your reputation and can corroborate your claims of harm.

Demonstrating Harm

Compiling evidence of punitive damages, such as loss of income, emotional distress, or other quantifiable losses, is necessary to substantiate your claim. This may include financial records, medical reports, or testimonies from colleagues and clients.

Step 3: Attempting Pre-Litigation Resolution

Before taking legal action, it's worth exploring ways to resolve the issue outside of court.

Cease and Desist Letter

Before filing a lawsuit, it's often advisable to send a cease and desist letter to the offending party. This formal notice demands the cessation of defamatory actions and may lead to a resolution without court intervention.

Negotiation and Settlement

Exploring the possibility of resolving the issue without court intervention, potentially through retractions or financial compensation, can save time and resources. Settlement negotiations can lead to a mutually agreeable resolution and avoid the uncertainties of a trial.

Step 4: Filing the Lawsuit

When pre-litigation efforts don’t lead to a resolution, the next step is taking legal action.

Drafting the Complaint

If pre-litigation efforts fail, the next step is to file a lawsuit. This involves preparing a legal document outlining your claims, the defamatory statements, and the damages sought. The complaint must be precise and comply with California's legal standards.

Filing with the Appropriate Court

Submitting the complaint to the correct California court, considering jurisdiction and venue, is crucial. Filing in the appropriate court ensures that your case is heard by the proper judicial authority.

Serving the Defendant

Ensuring the defendant is formally notified of the lawsuit through proper legal channels is a critical step. Proper service of process is necessary for the court to exercise jurisdiction over the defendant.

Step 5: Navigating the Legal Process

Embarking on a defamation lawsuit in Torrance requires a thorough understanding of the legal process to effectively advocate for your rights. This journey encompasses several critical stages, each demanding meticulous preparation and strategic execution.

Discovery Phase

The discovery phase is a pivotal component of civil litigation, serving as the foundation upon which cases are built. During this period, both parties exchange pertinent information and evidence to substantiate their claims and defenses. This process ensures transparency and allows each side to assess the strengths and weaknesses of the opposing party's case.

Key Aspects of Discovery:

Depositions : Sworn out-of-court testimonies where attorneys question parties or witnesses involved in the case. These sessions are recorded and can be used in court proceedings.
Interrogatories : Written questions that require written answers under oath. They are designed to gather detailed information relevant to the case.
Requests for Production : Formal requests to obtain documents, electronic records, or other tangible evidence pertinent to the lawsuit.
Requests for Admissions : Statements presented to the opposing party for acknowledgment or denial, aiming to simplify the issues for trial.

Engaging in discovery allows both sides to uncover critical facts, identify supporting witnesses, and gather documentary evidence. It's essential to respond to discovery requests promptly and thoroughly to avoid potential sanctions or delays in the proceedings.

Pre-Trial Motions

Before the trial commences, parties may file pre-trial motions to address specific legal issues, streamline the trial process, or potentially resolve the case without proceeding to a full trial. These motions are instrumental in shaping the course of the litigation.

Common Pre-Trial Motions:

Motion to Dismiss : Filed by the defendant, asserting that the plaintiff's complaint is legally insufficient and should be dismissed. Grounds can include lack of jurisdiction, failure to state a claim, or other procedural deficiencies.
Motion for Summary Judgment : Argues that there are no genuine disputes of material fact, and the moving party is entitled to judgment as a matter of law. This motion, if granted, can resolve the case or specific issues without a trial.
Motions in Limine : Requests to exclude certain evidence from being presented at trial, typically because it is deemed irrelevant, prejudicial, or inadmissible under the rules of evidence.

Addressing these motions effectively requires a comprehensive understanding of legal standards and persuasive argumentation. The outcomes of pre-trial motions can significantly influence the direction and duration of the case.

Trial Proceedings

If the case proceeds to trial, both parties present their arguments, evidence, and witness testimonies before a judge or jury. The trial is the culmination of the litigation process, where each side seeks to substantiate their claims and defenses.

Stages of a Civil Trial:

Jury Selection (Voir Dire) : If the trial involves a jury, potential jurors are questioned to ensure impartiality and suitability for the case.
Opening Statements : Both parties outline their case theories, providing a roadmap of the evidence and arguments they intend to present.
Presentation of Evidence :
Plaintiff's Case-in-Chief : The plaintiff presents evidence and calls witnesses to support their claims.
Defendant's Case-in-Chief : The defendant presents evidence and witnesses to counter the plaintiff's allegations.
Cross-Examination : Each party has the opportunity to question the opposing side's witnesses, challenging their credibility and the validity of their testimony.
Closing Arguments : Both sides summarize their cases, highlighting key evidence and persuading the judge or jury to rule in their favor.
Jury Deliberation and Verdict : The jury deliberates on the evidence presented and renders a verdict. In bench trials, the judge decides the outcome.

Throughout the trial, adherence to procedural rules and effective advocacy are paramount to presenting a compelling case.

Post-Trial Actions

Following the trial's conclusion, several post-trial actions may ensue, depending on the verdict and the parties' satisfaction with the outcome.

Potential Post-Trial Steps:

Post-Trial Motions :
Motion for a New Trial : Argues that errors during the trial justify conducting a new trial.
Motion for Judgment Notwithstanding the Verdict (JNOV) : Requests the court to overturn the jury's verdict on the grounds that it was unreasonable or unsupported by the evidence.
Appeals : If a party believes that legal errors affected the trial's outcome, they may appeal to a higher court. The appellate court reviews the record for errors and determines whether to uphold or reverse the lower court's decision.
Enforcement of Judgment : The prevailing party may need to take additional steps to collect damages awarded, such as garnishing wages or placing liens on property.

Understanding these post-trial options is crucial for both plaintiffs and defendants, as they can impact the final resolution and enforcement of the court's judgment.

Why Choose Employee Law Group for Your Defamation of Character Lawsuit?

At Employee Law Group, we specialize in defamation of character lawsuits, helping individuals navigate the complexities of filing a defamation lawsuit. Whether you’re dealing with online defamation, workplace rumors, or false accusations in the media, our team is committed to protecting your rights.

We’ll assess actual damages in a defamation case, build a strong legal strategy, and fight for the compensation you deserve.

If you’re considering a lawsuit for defamation in Torrance, CA, don’t wait. Speak with a lawyer at Employee Law Group today to explore your options and take the first step toward restoring your reputation.

Frequently Asked Questions (FAQs)

Conclusion

Addressing defamation is imperative to safeguard one's reputation and professional standing. The legal process, while intricate, provides a structured pathway to seek redress and hold accountable those who disseminate falsehoods. Engaging experienced legal counsel is essential to navigate the complexities of defamation law effectively and to advocate for your rights throughout the litigation process.

If you believe you’ve been defamed and need legal guidance, Employee Law Group is here to help. Contact us today for a free consultation and let our experienced attorneys fight for your rights.

How to Prove Employment Discrimination in Torrance: 7 Steps

Tue, 04 Mar 2025 22:14:48 GMT

Imagine dedicating years to your profession, only to find your career stifled by subtle biases or overt prejudices. Employment discrimination isn't just a distant concept; it's a reality that many face daily. Recognizing and addressing this injustice is crucial, not only for personal vindication but also for fostering a fair workplace.

This guide aims to equip you with the knowledge and tools to identify, document, and challenge employment discrimination effectively.

Understanding Employment Discrimination

Employment discrimination occurs when an employer treats an applicant or employee unfavorably because of certain characteristics that are legally protected. These protected characteristics include race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40 or older), disability, and genetic information.

Discrimination can affect all aspects of employment, from hiring and promotions to job assignments, training, benefits, and termination. It's essential to understand the various forms in which discrimination can manifest, as they are not always obvious or overt.

Direct Discrimination

Direct discrimination happens when an employer or supervisor explicitly treats an individual less favorably due to a protected characteristic. This type of discrimination is often more apparent and easier to identify. For instance:

Refusing to hire someone because of their race or gender.
Demoting an employee after learning they are pregnant.
Providing lower pay to employees of a certain nationality despite identical job roles and responsibilities.

Direct discrimination can be proven through statements, written communication, or actions that show a clear bias against the individual’s protected characteristic. Employers may try to justify their actions with non-discriminatory reasons, which is why collecting solid evidence is crucial in these cases.

Indirect Discrimination

Unlike direct discrimination, indirect discrimination involves policies, practices, or rules that appear neutral but disproportionately disadvantage a specific group of people with a protected characteristic. Employers may not intend to discriminate, but the effects of certain policies can still lead to unlawful discrimination.

Examples of Indirect Discrimination:

Dress Codes: A strict dress code that prohibits head coverings might indirectly discriminate against employees whose religion requires them to wear headscarves, turbans, or other religious attire.
Work Hours Requirements: Requiring employees to work on weekends without considering religious observances may disproportionately impact certain religious groups.
Height or Weight Requirements: Certain job requirements unrelated to job performance could indirectly exclude certain genders or ethnicities.

Key Point: Indirect discrimination becomes unlawful unless the employer can demonstrate that the policy or practice is a proportionate means of achieving a legitimate aim. For example, requiring a firefighter to meet certain physical standards might be justified for safety reasons.

Harassment

Harassment refers to unwanted conduct related to a protected characteristic that violates an employee’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. Harassment can take many forms, including verbal comments, physical actions, gestures, or visual displays like posters or emails.

Types of Workplace Harassment:

Verbal Harassment: Jokes, slurs, or derogatory comments about someone’s race, gender, age, or other protected characteristics.
Physical Harassment: Unwanted physical contact or threatening behavior.
Visual Harassment: Offensive images, memes, or inappropriate gestures.
Cyber Harassment: Offensive messages or inappropriate communication through emails, chats, or social media platforms.

Employers are responsible for preventing and addressing harassment in the workplace. Ignoring or not properly handling harassment complaints can lead to serious legal consequences.

Retaliation

Retaliation occurs when an employer punishes an employee for asserting their rights against discrimination or participating in an investigation. This protection applies whether the original complaint of discrimination was valid or not, as long as it was made in good faith.

Common Forms of Retaliation Include:

Job Termination: Firing an employee after they file a discrimination complaint.
Demotion or Pay Reduction: Reducing an employee’s responsibilities or pay after they testify in a discrimination investigation.
Hostile Treatment: Increasing scrutiny, micromanaging, or creating a hostile work environment following a complaint.
Exclusion: Leaving the employee out of important meetings or projects after they raise concerns about discrimination.

Retaliation is the most commonly reported form of discrimination. Employers are legally prohibited from retaliating against employees for standing up for their rights. Employees should not be deterred from reporting discrimination for fear of backlash.

Importance of Addressing Discrimination in the Workplace

Confronting discrimination is vital for several reasons:

Legal Compliance : Employers are legally obligated to provide an environment free from discrimination.
Employee Well-being : A discriminatory atmosphere can lead to stress, anxiety, and decreased productivity.
Organizational Reputation : Companies known for discriminatory practices risk damage to their public image and potential legal repercussions.

Legal Protections Against Discrimination

Understanding your rights begins with knowing the laws that protect employees from discrimination. Let’s explore the key federal and state protections in place.

Federal Laws

Several federal statutes protect employees from discrimination:

Title VII of the Civil Rights Act of 1964 : Prohibits employment discrimination based on race, color, religion, sex, or national origin.
Americans with Disabilities Act (ADA) : Protects qualified individuals with disabilities from discrimination.
Age Discrimination in Employment Act (ADEA) : Shields employees aged 40 and above from age-based discrimination.

California-Specific Protections

California offers robust protections through the Fair Employment and Housing Act (FEHA) , which extends to:

Employers with five or more employees.
Prohibitions against discrimination based on additional categories, including sexual orientation, gender identity, marital status, and more.

For detailed information, visit the California Civil Rights Department (CRD) website:

1. Recognize the Signs of Employment Discrimination

Recognizing employment discrimination is the first step toward taking action. Understanding the signs can help you identify unfair treatment and protect your rights.

Unfair Treatment : Bias in hiring, promotions, or terminations linked to protected characteristics.
Harassment : Offensive remarks, jokes, or behaviors targeting specific traits.
Policy Disparities : Company policies that disproportionately affect certain groups.

Common Examples in the Workplace

Discrimination can be subtle or overt. Examples include:

Pay Inequities : Individuals performing the same role receiving different compensation without a valid reason.
Biased Evaluations : Performance reviews that unjustly favor or disfavor employees based on personal characteristics.
Exclusionary Practices : Deliberate omission from projects, meetings, or opportunities.

2. Document Incidents Meticulously

Keeping detailed records of discriminatory incidents is crucial. Clear and accurate documentation can provide essential evidence to support your claim.

Incident Logs : Record dates, times, locations, involved parties, and descriptions of discriminatory acts.
Communication Archives : Preserve emails, messages, or any written evidence showcasing bias.

Gathering Witness Statements

Witnesses can corroborate your claims:

Colleague Testimonies : Approach coworkers who observed the incidents and request written statements.
Anonymity Considerations : Ensure witnesses are comfortable and understand their rights, as some may fear retaliation.

3. Report the Discrimination Internally

If you experience workplace discrimination, the first step is to report it internally. Following your company’s procedures can help address the issue and create a record of your complaint.

Human Resources (HR) : Submit formal complaints detailing the incidents.
Supervisory Notification : Inform immediate supervisors, unless they are the source of discrimination.

Understanding Employer Responsibilities

Employers are mandated to:

Investigate Claims : Promptly and thoroughly examine reported incidents.
Implement Remedies : Take corrective actions to prevent recurrence and protect the complainant.

4. File a Complaint with Relevant Agencies

Filing a complaint is a crucial step in addressing workplace discrimination. To ensure your case is handled properly, it’s important to choose the right agency and understand the process.

Choosing the Appropriate Agency

Depending on the nature of the discrimination:

California Civil Rights Department (CRD) : For state-level claims. More information at calcivilrights.ca.gov .
Equal Employment Opportunity Commission (EEOC) : For federal-level claims. Visit eeoc.gov for details.

Understanding the Filing Process

Key considerations include:

Timelines : Generally, complaints must be filed within 300 days of the discriminatory act.
Investigation Procedures : Agencies will assess the complaint, possibly conduct interviews, and determine the validity of the claims.

5. Seek Legal Assistance

If your case is complex or you’re unsure about the next steps, seeking legal assistance can help you navigate the process effectively.

Consulting Employment Law Experts

Dealing with a discrimination claim can be challenging, but legal experts can help. They can explain your rights, review your case, and guide you through the process.

Case Evaluation : Assess the strength of your evidence and advise on the viability of your claim.
Representation : Navigate legal proceedings and advocate on your behalf.

Evaluating the Strength of Your Case

Before moving forward with legal action, it’s important to assess the strength of your case. Several factors, such as the quality of your evidence and relevant legal precedents, can significantly impact the outcome.

Evidence Robustness : The quality and quantity of your documentation and witness statements.
Legal Precedents : Previous cases with similarities that can influence outcomes.

6. Explore Alternative Dispute Resolution

In some cases, resolving disputes outside of court can be a more efficient and less adversarial option. Alternative dispute resolution methods like mediation and arbitration offer potential solutions.

Mediation and Arbitration

These avenues offer potential benefits:

Mediation : A neutral third party facilitates a resolution acceptable to both parties.
Arbitration : A binding decision is made by an arbitrator after reviewing evidence and arguments.

When to Consider Settlement

Settling may be advantageous when:

Time and Cost : Litigation can be lengthy and expensive.
Certainty : Settlements provide a definitive resolution without the unpredictability of a trial.

7. Prepare for Litigation if Necessary

If alternative dispute resolution does not lead to a satisfactory outcome, litigation may be the next necessary step to seek justice and enforce your rights.

Understanding the Litigation Process

If alternative resolutions fail:

Filing a Lawsuit : Initiate legal action in the appropriate court.
Discovery Phase : Both parties exchange evidence and information.
Trial Proceedings : Present your case before a judge or jury for a binding decision.

Potential Remedies and Damages

Successful claims may result in:

Monetary Compensation : For lost wages, emotional distress, and punitive damages.
Reinstatement : Returning to your former position if desired and feasible.
 Policy Revisions : Mandated changes to prevent future discrimination.

Need Legal Help? Employee Law Group Fights for Workplace Justice in Torrance

If you're facing workplace discrimination, wrongful termination, unpaid wages, or harassment, Employee Law Group is here to help. As experienced employment lawyers in Torrance, CA, we specialize in protecting employees' rights and ensuring fair treatment under California labor laws.

Our dedicated Torrance employment attorneys provide expert legal guidance for cases involving wage disputes, workplace retaliation, and wrongful termination claims. Don’t let unfair workplace practices go unchallenged - contact us today for a free consultation and let us fight for the justice you deserve.

Frequently Asked Questions (FAQs)

Conclusion

Understanding your rights is the first step toward empowerment. By recognizing discrimination, meticulously documenting incidents, and utilizing available resources, you can challenge unjust practices effectively. Collective efforts to address and rectify discrimination foster a more inclusive, productive, and harmonious work environment for all.

How to Negotiate an Employment Contract in Torrance – Do’s & Don’ts

Wed, 22 Jan 2025 18:12:50 GMT

Landing a new job is exciting, but before signing that contract, it's important to plan and prepare the negotiation process wisely. Knowing what to look for in your contract and effectively negotiating can significantly impact your career and overall satisfaction.

In this article, we'll guide you through the step-by-step negotiation process, helping you secure the best possible terms for your new job.

Understanding the Basics of Employment Contracts

An employment contract is a legally binding agreement that showcases the terms and conditions of the relationship between you and your employer. Its purpose is to protect the interests of both parties by clearly defining roles, responsibilities, and expectations.

Typically, an employment contract includes components such as job title and description, duration of employment, compensation and benefits, company policies, confidentiality agreements, non-compete clauses, and termination conditions.

Each of these elements carries legal implications, and it's essential to comprehend them fully to ensure that your rights are safeguarded and that you're aware of your obligations. For instance, non-compete clauses can restrict your employment opportunities post-termination, and confidentiality agreements may limit your ability to discuss certain aspects of your job outside the company. Being well-versed in these terms empowers you to negotiate more effectively and avoid potential legal pitfalls.

Preparing for Negotiation

Preparation is an important step to achieve successful negotiation. Begin by researching industry standards and salary benchmarks for your specific role and experience level. This data provides a solid foundation for your expectations and lends credibility to your requests. Assess your unique value proposition by evaluating your skills, experiences, and contributions that distinguish you from other candidates.

Identify your priorities and non-negotiables—whether it's salary, benefits, work-life balance, or professional development opportunities. Having a clear understanding of what matters most to you will guide your negotiation strategy and help you remain focused during discussions.

Remember, thorough preparation not only helps increase your confidence but also demonstrates to your prospective employer that you are diligent and proactive.

Do’s During Negotiation

In order to be successful, focus on key strategies when negotiating to help you reach a fair and beneficial agreement. Here are some do’s to keep in mind;

Do Prioritize Your Objectives

Focus on aspects that matter most to you, such as compensation, benefits, and professional advancement opportunities. Clearly articulating your priorities helps in steering the negotiation towards outcomes that align with your career goals.

For example, if professional development is a priority, negotiate for support in further education or training programs.

Do Your Due Diligence

Research salary ranges and benefits for your role and experience level to negotiate effectively. Utilize resources like industry reports, salary surveys, and networking contacts to gather relevant data. This information not only informs your expectations but also provides leverage during negotiations.

Do Seek a Mutually Beneficial Agreement

Aim for compromises that satisfy both your interests and the employer's needs. Approach the negotiation as a collaborative process rather than a confrontational one.

For instance, if the employer cannot meet your salary expectations, consider negotiating for additional benefits or flexible working arrangements that add value to you while accommodating the employer's constraints.

Do Emphasize Your Skills

Highlight your qualifications and achievements to demonstrate your value to the company. Provide concrete examples of how your skills have led to positive outcomes in previous roles. This not only reinforces your worth but also builds a compelling case for your requests.

Do Get the Agreement in Writing

Ensure all negotiated terms are documented before signing. A written contract serves as a reference point and provides legal protection for both parties. Review the document in detail to confirm that it accurately reflects the agreed-upon terms.

Don’ts During Negotiation

Rushing or overlooking key details can hurt your negotiation. Avoid these common mistakes to ensure a fair and well-balanced agreement.

Don’t Focus Only on Salary

Consider the entire compensation package within the contract, including benefits and growth opportunities. Elements such as health insurance, retirement plans, stock options, and professional development support can significantly enhance your overall compensation.

Evaluating the full package ensures that you don't overlook valuable components that contribute to your long-term satisfaction and financial well-being.

Don’t Assume Anything is Non-Negotiable

Be open to discussing various terms, even those not initially presented as flexible. Employers may have room to maneuver in areas such as job responsibilities, work hours, or remote work options. Approaching the negotiation with an open mind allows for creative solutions that benefit both parties.

Don’t Be Overly Demanding

Maintain professionalism and avoid making excessive demands that could harm the relationship. While it's important to advocate for yourself, it's equally crucial to be reasonable and considerate of the employer's perspective. Strive for a balance that reflects your value while fostering a positive working relationship.

Don’t Forget to Consider Alternatives

Be prepared with alternative solutions if certain terms cannot be met. Flexibility can lead to creative compromises that satisfy both parties. For example, if a higher salary isn't feasible, consider negotiating for additional vacation days or a signing bonus.

Don’t Rush the Negotiation Process

Take the necessary time to reach a satisfactory agreement without feeling pressured. Rushing can lead to oversights or acceptance of terms that may not be in your best interest. Ensure that you fully understand and are comfortable with all aspects of the contract before finalizing.

Common Mistakes to Avoid

Avoiding common pitfalls in negotiations is just as important as employing the right strategies. Here are some key mistakes when negotiating and how to avoid them.

Failing to Prepare Thoroughly

Not researching or understanding your market value can lead to unfavorable terms. Preparation is key to effective negotiation. Without adequate research, you may undervalue yourself or overlook critical aspects of the contract.

Turning Negotiations Into a Competition

Approach negotiations collaboratively rather than combatively. Viewing the process as a partnership fosters goodwill and increases the likelihood of a positive outcome. Remember, the goal is to reach an agreement that benefits both parties.

Letting Emotions Take Over

Stay calm and focused, avoiding emotional reactions to offers. Emotional responses can cloud judgment and hinder effective decision-making. Maintain professionalism and keep discussions objective.

Overlooking Benefits Beyond Salary

Focusing solely on salary can lead to missed opportunities. Comprehensive benefits such as health insurance, retirement plans, paid time off, and professional development opportunities significantly contribute to your overall compensation and job satisfaction. Evaluating and negotiating these aspects can enhance your work-life balance and long-term financial well-being.

Acting Unethically

Engaging in dishonest practices, such as inflating past salaries or misrepresenting qualifications, can severely damage your professional reputation and erode trust with your prospective employer. Such actions not only jeopardize the immediate negotiation but can also have long-term repercussions on your career.

Legal Considerations

When negotiating an employment contract, it's crucial to understand the legal implications of various clauses to protect your employee rights and future career opportunities.

The Non-compete Clause

This provision restricts your ability to work in similar roles or industries within a certain geographic area and timeframe after leaving the company. While intended to protect the employer's business interests, overly broad non-compete clauses can unduly limit your employment prospects.

It's essential to assess whether such a clause is reasonable and enforceable under your state's laws, as enforceability varies across jurisdictions. For instance, some states have limitations on non-compete agreements, especially concerning low-wage workers.

Confidentiality Agreements

This is also a common component designed to protect proprietary information. These clauses prohibit you from disclosing or using the company's confidential information during and after your employment.

While it's reasonable for employers to safeguard sensitive data, ensure that the definition of "confidential information" is clear and does not unreasonably restrict your ability to use general knowledge and skills in future positions.

Dispute Resolution Methods

Some agreements may require arbitration instead of litigation, which can affect how disputes are handled and your rights within the process. Understanding these provisions before signing can prevent surprises if conflicts arise later. Given the complexity of these legal considerations, consulting with an employment attorney can provide clarity and ensure that your rights are adequately protected.

When to Seek Professional Help

Understanding employment contracts can be tricky, and some situations may require legal help. If you encounter complex legal terms or clauses that are difficult to understand, it's advisable to consult with an employment attorney.

An attorney can help interpret the contract language, assess the fairness of the terms, and identify any potential red flags. Engaging a legal professional is particularly beneficial when dealing with high-stakes negotiations, such as executive positions or roles with significant responsibilities.

In California, resources like the California Department of Industrial Relations offer information on employment laws and can assist in understanding your rights. Remember, investing in professional advice can prevent future disputes and ensure that your employment contract supports your career goals while safeguarding your legal rights.

Frequently Asked Questions (FAQs)

1. Is it common for employers to expect negotiations?

Yes, many employers anticipate candidates will negotiate and may start with offers that have room for adjustments.

2. What if the employer withdraws the offer after I negotiate?

While uncommon, if an employer rescinds an offer due to negotiation, it may indicate deeper issues within the company.

3. How can I determine my market value?

Research industry salary benchmarks and consider your experience level to understand your market value.

4. Should I negotiate non-salary benefits?

Absolutely, aspects like vacation time, flexible work arrangements, and professional development opportunities can be negotiated.

5. Is it advisable to accept the first offer?

Not necessarily; it's often beneficial to make a counteroffer, as employers may expect negotiations.

Conclusion

Successfully negotiating an employment contract requires thorough preparation, a clear understanding of your objectives, and awareness of legal considerations. By prioritizing your goals, conducting diligent research, and approaching negotiations with a collaborative mindset, you can secure terms that reflect your value and support your professional growth.

At Employee Law Group, we know contract negotiations can be tricky. Our experienced employment attorneys in California are here to help you get fair treatment and pay. Need guidance? Call us at (310) 606-0065 or visit our website for a free consultation .

Identifying a Hostile Work Environment and What You Can Do About It

Fri, 22 Nov 2024 14:19:03 GMT

A hostile work environment can deeply affect your well-being, productivity, and career growth. For employees in California, understanding what constitutes a hostile work environment—and knowing your rights—is crucial. While it’s natural to have occasional disagreements at work, hostile work environments go beyond simple conflicts. Here’s how to recognize if your workplace has crossed that line and what you can do about it.

Signs of a Hostile Work Environment

A hostile work environment exists when offensive, discriminatory, or harassing behavior becomes pervasive enough to interfere with your ability to do your job effectively. This behavior may come from a colleague, supervisor, or even a group of people. Here are common indicators that you might be experiencing a hostile work environment:

Discriminatory Treatment : Harassment based on race, gender, religion, age, disability, or sexual orientation is illegal. If you are being treated unfairly due to any of these characteristics, it could indicate a hostile work environment.
Unwelcome Comments or Actions : Repeated derogatory remarks, jokes, or actions that are offensive or demeaning can contribute to a toxic environment. These behaviors are not only damaging but can be illegal when they persist despite objections.
Threats and Intimidation : If you or others feel threatened, fearful, or intimidated, this could be a clear sign of hostility. It can also include physical behaviors, such as unwanted touching, that make you feel uncomfortable or unsafe.
Inappropriate Management Tactics : Supervisors who belittle employees, make unreasonable demands, or engage in retaliatory behavior after complaints are also contributing to a hostile environment.

Steps You Can Take

If you believe your workplace is hostile, there are steps you can take:

Document Everything : Record incidents in detail, including dates, times, locations, and people involved. This documentation can be essential if you decide to take legal action.
Report the Issue : Most companies have processes in place for reporting harassment. File a formal complaint with your HR department or a designated manager. Even if the company doesn’t act immediately, your report can create a record of the behavior.
Consult Legal Help : California has some of the nation’s strongest employee protection laws. If your complaints aren’t addressed, or if retaliation occurs, contacting an employment law attorney can help you understand your rights and the best next steps.

Know Your Rights: Protect Your Well-Being

No one should have to endure a hostile work environment. As an employee in California, you have rights, and taking action can be a critical step to protect yourself and your career. Sometimes, legal guidance is necessary to ensure those rights are upheld.

Contact Employee Law Group for a Free Consultation

If you are facing a hostile work environment, Employee Law Group is here to help. With expertise in California employment law, our experienced attorneys can guide you through the process to resolve your issues and protect your rights. We work with employees throughout the state of California and are dedicated to ensuring that you are treated fairly at work. Contact us today for a free consultation and take the first step toward a safer, more respectful workplace.

Legal Steps to Take for Workplace Harassment

Fri, 11 Oct 2024 16:23:26 GMT

Workplace harassment can create a toxic environment, affecting not only your well-being but also your ability to perform your job. If you’re experiencing harassment at work, it’s essential to understand your legal rights and the steps you can take to protect yourself. Here's a guide on how to navigate the legal process when facing workplace harassment.

1. Recognize Workplace Harassment

Workplace harassment includes any unwelcome conduct based on race, gender, religion, sexual orientation, age, disability, or other protected characteristics. This can range from verbal or physical harassment to inappropriate jokes, comments, or offensive behavior. It can also include sexual harassment, such as unwelcome advances or suggestive remarks.

It’s important to note that workplace harassment doesn’t have to result in job loss or demotion to be illegal. If the conduct creates a hostile or intimidating work environment, it could be grounds for legal action.

2. Document Everything

One of the most important steps in dealing with workplace harassment is keeping detailed records of the incidents. Write down the dates, times, locations, and specifics of what happened. Include the names of those involved and any witnesses. This documentation can serve as critical evidence if you choose to pursue legal action later.

Save copies of emails, text messages, or any other communication that supports your claims. If possible, keep these records in a safe location outside of work to avoid any risk of them being deleted or altered by your employer.

3. Report the Harassment to Your Employer

Most companies have policies in place to handle harassment complaints, so your next step is to report the harassment to your supervisor or HR department. This is not only important for resolving the situation internally but also for establishing a record that you reported the issue.

Make sure to report the harassment in writing. This provides a paper trail, which can serve as evidence if your employer fails to address the complaint or retaliates against you.

4. Consult an Employment Lawyer

If your employer fails to take action or if the harassment continues, it’s time to consult an employment attorney. An experienced lawyer can help assess the strength of your case, explain your legal rights, and guide you through filing a formal complaint with a government agency, such as the Equal Employment Opportunity Commission (EEOC).

5. File a Complaint with the EEOC

Before you can file a lawsuit for workplace harassment, you must first file a complaint with the EEOC. This federal agency investigates workplace discrimination claims. If the EEOC finds grounds for your claim, they will issue a "Right to Sue" letter, which allows you to file a lawsuit against your employer.

Take Action Today and Protect Your Rights

Workplace harassment can have lasting impacts on your mental and emotional health, but you don’t have to face it alone. If you’re experiencing harassment at work, contact Employee Law Group today. Our experienced employment lawyers can help you understand your rights and take the necessary legal steps to protect yourself. We proudly serve clients throughout the entire state of California, ensuring that no matter where you work, you have access to experienced legal guidance and support.

Navigating Class Action Lawsuits: What Employees Need to Know

Fri, 11 Oct 2024 16:15:52 GMT

Class action lawsuits can be powerful tools for employees seeking justice in the workplace, but they can also be complex. Understanding what they are and how they work can help you navigate the process if you’re considering joining or filing a class action against your employer.

What Is a Class Action Lawsuit?

A class action lawsuit allows a group of employees who have similar grievances against an employer to file a single lawsuit collectively. These cases often involve issues such as wage theft, discrimination, harassment, or violations of labor laws, such as unpaid overtime or improper classification of workers.

The key advantage of a class action is that it enables a group of employees to combine resources and share legal costs, making it easier to take on large corporations that might otherwise be too costly for an individual to challenge alone.

When Should Employees Consider a Class Action?

Employees might consider a class action lawsuit if several people are affected by the same illegal actions. For example, if a company routinely misclassifies employees as independent contractors, causing them to miss out on benefits like overtime or health insurance, a class action might be appropriate. Similarly, if a group of employees faces widespread discrimination, harassment, or unsafe working conditions, a class action lawsuit can be a way to address these issues on behalf of all affected workers.

Steps to Take if You Want to Join or File a Class Action

Consult an Employment Lawyer : Before joining or filing a class action lawsuit, it's essential to consult with an attorney experienced in employment law. They can evaluate whether a class action is the right option for your case and guide you through the legal process.
Gather Evidence : If you believe you’ve been wronged, start collecting evidence of the violations, such as pay stubs, emails, or witness testimonies. Having strong documentation will support your case.
Understand the Commitment : Class action lawsuits can take time—often years—before reaching a settlement or judgment. You may be asked to provide testimony or participate in the discovery process. While you may not be required to attend court regularly, being part of a class action still requires some involvement.

Empowering Employees Through Collective Action

Class action lawsuits offer a powerful avenue for employees to hold employers accountable for widespread violations. If you and your coworkers have been affected by unfair practices, a class action can help level the playing field. Taking collective action not only strengthens your case but also sends a message that workers' rights matter.

Take the First Step and Contact Employee Law Group Today

If you believe you and your colleagues have been wronged in the workplace, don’t hesitate to reach out. At Employee Law Group , our experienced attorneys are here to evaluate your situation and guide you through the complexities of a class action lawsuit. We proudly work with clients throughout the entire state of California, ensuring you have access to experienced legal support no matter where you are located. Contact us today for a free consultation and let us help you navigate the path toward justice.

Recognizing and Combating Workplace Discrimination

Tue, 10 Sep 2024 14:41:54 GMT

Workplace discrimination is a persistent issue that can significantly impact your well-being and career growth. In this blog, we’ll explore the different forms of discrimination you might encounter, from racial and gender bias to ageism and religious intolerance. We’ll also discuss practical steps you can take to recognize and respond to discrimination effectively, including knowing your rights, fostering a supportive work environment, and speaking up against unfair practices.

Keep reading to learn how to protect yourself and contribute to a fair, respectful, and inclusive workplace…

Recognizing Workplace Discrimination

Discrimination in the workplace can take many forms, from blatant actions to subtle, more insidious behaviors. It’s important to recognize the various ways discrimination can manifest so you can address it appropriately:

Race and Ethnicity : You may face unfair treatment, biased hiring or promotion decisions, or exclusion from workplace activities based on your race or ethnicity.
Gender : Gender discrimination might involve unequal pay, limited advancement opportunities, or being subjected to stereotypes.
Age : Ageism can affect both younger and older workers, leading to unfair treatment, such as being overlooked for promotions or dealing with inappropriate remarks about your age.
Disability : If you have a disability, discrimination might involve a lack of reasonable accommodations or biased assumptions about your abilities.
Sexual Orientation and Gender Identity : LGBTQ+ individuals may experience harassment, exclusion, or other forms of unfair treatment based on their sexual orientation or gender identity.
Religion : Religious discrimination could manifest as a refusal to accommodate your religious practices or being treated differently because of your beliefs.

COmbating Workplace Discrimination

Addressing workplace discrimination requires you to take proactive steps to protect your rights and foster an inclusive work environment:

Know Your Rights : Familiarize yourself with anti-discrimination laws and your company’s policies. Knowing your rights empowers you to recognize when they are being violated.
Document Everything : Keep detailed records of any discriminatory behavior you experience or witness, including dates, times, and any witnesses. This documentation can be crucial if you decide to report the issue.
Seek Support : Reach out to trusted colleagues, employee resource groups, or external organizations for support and guidance. You don’t have to face discrimination alone.
Report Discrimination : Use your company’s reporting mechanisms to file a complaint. Ensure you report discrimination in a way that protects your privacy and minimizes the risk of retaliation.
Promote Inclusivity : Advocate for diversity and inclusivity within your workplace by participating in initiatives and encouraging open discussions about equality.

Empower Yourself to Make a Change

Taking action against workplace discrimination is essential for ensuring that you and your colleagues can work in a fair and respectful environment. By recognizing discrimination, documenting incidents, and seeking support, you can play a vital role in combating inequality in your workplace.

Stand Up for a Better Workplace

Now is the time to take control of your work environment. Educate yourself on your rights, be vigilant in recognizing discrimination, and don’t hesitate to take action when needed. By doing so, you can help create a workplace where everyone is treated with the respect and dignity they deserve. If you need assistance or guidance, contact Employee Law Group —we’re here to help you navigate these challenges.Together, we can make discrimination a thing of the past!

How to Handle a Bad Job Reference

Tue, 13 Aug 2024 15:45:00 GMT

Navigating the job market is challenging enough without the added obstacle of a bad job reference. Whether the negative feedback stems from a misunderstanding, a poor relationship with a former employer, or genuine performance issues, it doesn't have to spell the end of your career ambitions. Here's a comprehensive guide on how to handle a bad job reference effectively and move forward in your professional journey.

1. Understand the Situation

Before taking any action, it’s crucial to understand the nature of the bad reference. Request feedback from your prospective employer or directly from the reference provider to identify the specific issues mentioned. This will help you address the concerns more precisely.

2. Reflect and Learn

Self-reflection is key to growth. Assess the feedback objectively to determine if there's any truth to it. If the criticism is valid, consider it a learning opportunity. Identify areas for improvement and take proactive steps to develop those skills or behaviors.

3. Prepare Your Response

When you anticipate that a bad reference might be an issue, be prepared to address it in interviews or during reference checks. Craft a concise, honest response that acknowledges the situation without being overly defensive. Focus on what you’ve learned and how you’ve grown since then.

Example: "I had a challenging experience at my previous job, but it taught me valuable lessons about teamwork and communication. Since then, I’ve actively worked on improving those skills and have received positive feedback in my current role."

4. Leverage Other References

A single bad reference doesn’t define your entire career. Gather references from other colleagues, supervisors, or clients who can vouch for your skills and character. Providing multiple positive references can help balance out the negative ones.

5. Communicate and Build Your Reputation

If possible, have a candid conversation with the person providing the bad reference. Politely explain the impact their feedback is having on your job search and ask if there's a way to resolve any misunderstandings. Sometimes, a direct conversation can lead to a more favorable outcome.

Actively work on building a positive professional reputation. Engage in networking, seek mentorship, and participate in industry events. A strong professional network can often outweigh the impact of a single bad reference.

In extreme cases where the bad reference is false or defamatory, you may need to seek legal advice. Employment laws vary by region, but there are legal protections against unfair or malicious references. Consult with an employment lawyer to understand your options.

Contact Us for legal help

If you find yourself struggling with the impact of a bad job reference and need legal advice, Employee Law Group is here to help. Our experienced team specializes in employment law and can provide the guidance and support you need to protect your professional reputation and rights. Contact us today to schedule a consultation and take the first step towards resolving your reference-related issues.

5 Key Elements of Employment Contracts

Mon, 12 Aug 2024 16:00:02 GMT

Employment contracts are essential for establishing a clear understanding between employers and employees regarding the terms of employment. A well-drafted contract not only protects the interests of both parties but also helps prevent disputes and misunderstandings. Here are five key elements that should be included in every employment contract.

1. Job Title and Responsibilities

Clearly defining the job title and responsibilities is crucial for setting expectations. This section should outline the specific duties and tasks the employee is expected to perform, as well as any performance standards or goals they need to meet. This clarity helps prevent confusion and ensures both parties understand what is required.

Example: The employee will hold the title of Marketing Manager and will be responsible for developing and implementing marketing strategies, managing social media accounts, and overseeing the marketing team. The employee is expected to achieve a 10% increase in social media engagement within the first six months.

2. Compensation and Benefits

This section should detail the employee's salary, payment schedule, and any additional compensation such as bonuses or commissions. It should also outline the benefits provided, including health insurance, retirement plans, paid time off, and any other perks. Clear terms regarding compensation and benefits help avoid misunderstandings and ensure the employee knows what to expect.

Example: The employee will receive an annual salary of $60,000, paid bi-weekly. Additionally, the employee is eligible for a yearly performance-based bonus of up to 10% of the annual salary. Benefits include health insurance, a 401(k) plan with company matching, 15 days of paid vacation, and 10 days of sick leave.

3. Duration and Termination

Employment contracts should specify the duration of employment, whether it is for a fixed term or an indefinite period. It should also outline the conditions under which either party can terminate the contract, including notice periods, grounds for termination, and any severance arrangements. This element is vital for providing security and clarity regarding the end of the employment relationship.

Example: The employment is at-will, meaning either party can terminate the contract at any time with or without cause. Both parties are required to provide a 30-day notice period prior to termination. In case of termination without cause, the employee will receive a severance package equivalent to two months' salary.

4. Confidentiality and Non-Compete Clauses

To protect the company's sensitive information and intellectual property, confidentiality agreements and non-compete clauses are often included in employment contracts. The confidentiality clause should specify what information is considered confidential and how it should be handled. The non-compete clause should detail any restrictions on the employee's ability to work for competitors or start a competing business for a certain period after leaving the company.

Example: The employee agrees to maintain the confidentiality of all proprietary information, trade secrets, and client data both during and after employment. Additionally, the employee agrees not to work for any direct competitors or start a competing business within a 50-mile radius for a period of one year following the termination of employment.

5. Dispute Resolution

Including a dispute resolution clause can help manage conflicts that may arise during the employment relationship. This section should outline the process for resolving disputes, whether through mediation, arbitration, or litigation. Clear procedures for dispute resolution can save both parties time and money and help maintain a professional relationship even during disagreements.

Example: Any disputes arising from this employment contract will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Both parties agree to waive their right to a jury trial and accept the arbitrator’s decision as final and binding.

Contact Us Today For Advice

A comprehensive employment contract is fundamental for ensuring a smooth and transparent working relationship between employers and employees.If you need assistance drafting or reviewing an employment contract, the Employee Law Group is here to help. Our experienced team specializes in employment law and can provide the guidance and support you need to protect your interests. Contact us today to schedule a consultation.

Understanding Wage Violations: How to Know if You’re Being Underpaid

Fri, 19 Jul 2024 17:52:41 GMT

Wage violations are unfortunately common and can take many forms, from unpaid overtime to minimum wage violations. Knowing whether you're being underpaid is crucial for ensuring that your rights are protected and that you receive fair compensation for your work. Here’s how you can identify wage violations and take steps to rectify them.

1. Understand Your Rights

The first step in identifying wage violations is to understand your rights under federal, state, and local labor laws. Key regulations include:

Fair Labor Standards Act (FLSA): This federal law sets minimum wage, overtime pay, recordkeeping, and youth employment standards. Under the FLSA, non-exempt employees must receive overtime pay at a rate of one and a half times their regular rate for hours worked over 40 in a workweek.
State and Local Laws: These laws may provide additional protections, such as higher minimum wages, different overtime rules, and specific requirements for meal and rest breaks.

2. Check Your Pay Stubs

Your pay stubs provide essential information about your earnings and deductions. Review your pay stubs regularly to ensure:

Hourly Rate or Salary: Verify that your hourly rate or salary matches what was agreed upon in your employment contract.
Overtime Pay: Confirm that any overtime hours are paid at the correct rate.
Deductions: Ensure that any deductions are lawful and properly documented.

3. Track Your Hours

Keeping an accurate record of the hours you work is crucial for identifying potential wage violations. This can include:

Daily Log: Maintain a daily log of your start and end times, including any breaks.
Timekeeping Systems: Use your employer’s timekeeping systems, such as punch cards or digital clock-ins, and keep personal records as a backup.

4. Identify Common Wage Violations

Common wage violations include:

Unpaid Overtime: Not paying employees the correct overtime rate for hours worked beyond the standard 40-hour workweek.
Minimum Wage Violations: Paying less than the federal, state, or local minimum wage.
Misclassification: Incorrectly classifying employees as exempt from overtime or as independent contractors to avoid paying overtime or benefits.
Off-the-Clock Work: Requiring employees to work before clocking in or after clocking out without compensation.
Illegal Deductions: Making unauthorized deductions from wages for uniforms, tools, or other items.

5. Compare with Industry Standards

Research the standard wages for your position and industry to ensure you are being paid competitively. Online resources like the Bureau of Labor Statistics and industry-specific wage surveys can provide valuable insights.

6. Consult Your Employee Handbook

Review your company’s employee handbook or policies to understand your employer’s wage and hour policies. This can help you identify any discrepancies between company policy and your actual pay.

7. Seek Legal Advice

If you suspect you are being underpaid, it may be beneficial to consult with an employment law attorney. An experienced attorney can:

Review Your Case: Assess whether your situation constitutes a wage violation.
Provide Guidance: Advise you on the best course of action, whether it’s negotiating with your employer or pursuing legal action.
File a Complaint: Help you file a complaint with the appropriate labor agency, such as the Department of Labor’s Wage and Hour Division.

Contact Us Today

Understanding wage violations is essential for ensuring that you are fairly compensated for your work. By knowing your rights, keeping accurate records, and seeking professional advice, you can protect yourself against underpayment and wage theft. At Employee Law Group , we specialize in employment law and are dedicated to protecting workers’ rights. If you believe you are being underpaid or have experienced any form of wage violation, contact us today for a consultation. Let us help you secure the compensation you deserve.

The Unique Challenges of Representing High-Level Executives in Employment Law

Fri, 19 Jul 2024 17:26:08 GMT

Representing high-level executives in employment law involves navigating a complex web of legal, professional, and personal issues. These executives hold significant power and influence within their organizations, making their legal matters particularly sensitive and impactful. Here, we explore some of the unique challenges and considerations that come with representing high-level executives.

1. Complex Compensation Packages

One of the most intricate aspects of representing high-level executives is dealing with their compensation packages. These packages often include base salary, bonuses, stock options, deferred compensation, and other benefits. Each component has its own legal implications and requires careful negotiation and documentation.

Key Considerations:

Equity and Stock Options: Executives often receive a significant portion of their compensation in the form of stock options or equity. Understanding the vesting schedules, tax implications, and potential dilution of shares is crucial.
Deferred Compensation: Many executives have deferred compensation plans that need to be managed in compliance with regulations such as the Internal Revenue Code Section 409A.
Golden Parachutes: These agreements, providing significant benefits to executives in the event of a change of control, must be crafted to avoid triggering excessive parachute payments under Section 280G of the Internal Revenue Code.

2. Non-Compete and Restrictive Covenants

Executives typically have extensive knowledge of proprietary information and strategic plans, making non-compete agreements and other restrictive covenants common in their contracts. These provisions must be carefully tailored to balance the protection of the employer's interests with the executive's right to pursue future employment.

Key Considerations:

Enforceability: The enforceability of non-compete agreements varies significantly by jurisdiction. It's essential to ensure that these clauses are reasonable in scope, duration, and geographic reach to be enforceable.
Trade Secrets and Confidentiality: Beyond non-compete clauses, ensuring that robust confidentiality and non-disclosure agreements are in place is vital to protect sensitive company information.

3. Termination and Severance Negotiations

High-level executives often have employment agreements that include specific terms for termination and severance. Negotiating these terms can be complex and contentious, particularly in cases of involuntary termination or disputes over performance.

Key Considerations:

Cause vs. No Cause Termination: The definition of "cause" for termination must be clear and specific to avoid disputes. Additionally, the financial and reputational consequences of termination for cause can be significant for the executive.

Severance Packages: Severance negotiations often involve substantial financial settlements, continuation of benefits, and other perks. Ensuring that these packages comply with legal requirements and protect the executive's interests is crucial.

4. Regulatory and Compliance Issues

High-level executives are often subject to a range of regulatory and compliance requirements, especially in publicly traded companies or highly regulated industries.

Key Considerations:

Securities Laws: Executives of publicly traded companies must navigate complex securities laws, including insider trading regulations and disclosure requirements.
Corporate Governance: Understanding and complying with corporate governance rules, such as those imposed by the Sarbanes-Oxley Act, is critical for both the executive and the company.
Ethics and Conduct Codes: Executives must adhere to strict codes of conduct and ethics, and any violations can have severe legal and reputational repercussions.

5. Reputation Management

High-level executives often have a public profile, making reputation management a critical component of legal representation. Legal disputes or negative publicity can significantly impact an executive's career and personal life.

Key Considerations:

Crisis Management: Developing a strategy for handling potential crises, including media inquiries and public statements, is essential.
Defamation and Privacy: Protecting the executive from defamation and ensuring their privacy is respected during and after legal proceedings is crucial.

6. Balancing Multiple Stakeholders

Representing high-level executives often involves balancing the interests of multiple stakeholders, including the executive, the board of directors, shareholders, and other senior management.

Key Considerations:

Conflict of Interest: Navigating potential conflicts of interest between the executive and the company requires careful legal and ethical consideration.
Alignment with Corporate Strategy: Ensuring that the executive's interests align with the broader corporate strategy and goals is essential for long-term success.

Contact Employee Law Group Today

At Employee Law Group, we specialize in handling the complex needs of high-level executives. If you or your organization need expert legal representation and advice, don't hesitate to contact us. Let our experienced team help you navigate the complexities of executive employment law and protect your professional future. Contact us today for a consultation.

Terminations and Severance: Legal Considerations and Best Practices

Wed, 10 Jul 2024 12:45:00 GMT

Whether you’re an employer or an employee in California, the issue of severance may come up around terminations. As an employee, you should know your rights in this regard. And as an employer, you want to be aware of California law so you don’t commit any workplace violations. Here are some common legal concerns that frequently surface with severance pay.

Understanding the Definition and Purpose of Severance and Severance Packages

Severance is extra money beyond wages or salary paid to an employee when they are laid off. It’s intended to help them maintain financial stability until they can find another job. It may be paid in a lump sum or paid at intervals similar to the employee’s paycheck.

Companies that value their employees give severance to thank them for their services. It also helps them keep a positive public-facing image in times of downsizing, mergers, or acquisitions.

Is severance always required? Not always. However, it may be mandatory according to the terms of an employment contract. Also, an employee’s union may have negotiated severance, or a board of directors could make severance part of a merger or acquisition contract.

Sometimes, employees get a severance package. This typically includes other things besides money, like pensions, continued health insurance, company stock options, or cashing out accrued PTO.

Severance and Unemployment Insurance in California

State laws vary regarding receiving severance and unemployment simultaneously. In California, employees are allowed to get unemployment through the Employment Development Department (EDD) at the same time they are receiving severance. So, employers should not try to prevent this in any way.

Why would an employee want to take unemployment and severance at the same time? In California, severance pay is not considered wages, so it is taxed at a higher rate. The worker may need both to make up for a loss in income, as well as the relatively low amount unemployment insurance pays compared to regular payroll.

Pro tip : if as a worker you intend to receive unemployment as soon as possible after a job termination, you should apply for it as quickly as possible. It can take several weeks for EDD to process your application, and sometimes they request extra documentation or ID verification.

Federal and State Laws Regarding Severance Agreements

To receive severance, a worker may be asked to sign a severance agreement. This is typically a contract stating that the employee won’t badmouth the company when they leave (aka a nondisparagement clause).

It may also lay out the terms of returning company property, like cars, laptops, cell phones, and the like. Employees may be asked to waive future claims against the company too.

There are laws regarding the signing of severance agreements:

• All workers have at least 5 days to review the agreement before signing.

• Workers over the age of 40 have up to 21 days to review a severance agreement.

• All employees are allowed to consult with an attorney about a severance agreement.

Senate Bill (SB) 331 , signed by Governor Gavin Newsom in 2021, reinforced these laws for California workers.

Additionally, new federal legislation forbids employers from enforcing punitive non-compete clauses in severance agreements. These are clauses that keep workers from taking a job with a competitor after being terminated. This contributes to a healthier job market while also protecting workers.

Employers can require former employees not to talk about proprietary information or divulge trade secrets. It is also legal for them to request in a severance agreement that employees not speak about the terms of their severance publicly.

So, if you’re a worker who has received severance, keep it confidential, lest you violate the terms of your agreement. Violation could result in you having to pay back your severance (sometimes known as a clawback). If you discuss your severance publicly in a way that paints the employer in a bad light, you could also be taken to court and possibly made to pay damages.

Labor Violations That Unscrupulous Employers Use to Cheat Workers Out of Severance

Nondisparagement clauses have limits, however. They cannot be used to keep an employee from revealing illegal acts in the workplace . For instance, if you experienced unsafe work conditions, work break violations, or harassment, you are allowed to report and speak publicly about those things.

Similarly, employers cannot intimidate, threaten, or retaliate against employees for revealing illegal work acts or unsafe workplaces. This is known as whistleblower retaliation , and it’s against the law.

Many companies know in advance if they are shutting down, merging, or being acquired by another business. There may be discussions ahead of formal terminations about severance pay. It’s wise not to use this as a cudgel against workers, who are likely already feeling anxious about job loss. Threatening to withhold severance could be construed as intimidation, which could result in citations, fines, or a lawsuit.

Some companies use unscrupulous and often illegal methods of trying to get out of paying severance, like:

Wrongfully accusing the employee of violating their severance agreement
Intentionally miscalculating severance to pay less than agreed
Claiming the employee wasn’t employed long enough to qualify for severance
Wrongfully terminating (firing) the employee for cause to avoid laying them off and paying severance
Closing the business and cutting off communication without paying severance
Withholding severance because the employee exposed illegal workplace acts, as described above

Fortunately, California is stricter about these violations than most other states. Employees can file an official complaint with the state and/or engage an employment lawyer to get the severance they are owed.

The Role of Employment Attorneys in Termination and Severance Cases

Most people think of employment attorneys only as a last resort when they don’t get the severance pay they are due. Of course, employment lawyers are a great resource in this scenario, helping workers get their severance and putting a stop to workplace violations around terminations. They can assist with state claims and represent workers in court should a lawsuit be the only option.

However, employment attorneys are also very helpful when it comes to reviewing and negotiating severance agreements . It’s smart for workers to consult with an attorney when presented with a severance agreement, which is a contract and may contain a lot of legal jargon or even unlawful clauses. In some cases, you may be able to get more in severance or benefits than your employer initially offers.

Whether you have not yet been given the severance you were promised or you simply want to go over a severance agreement, Employee Law Group is here to help.

Call us at 310-606-0065 or reach out online to schedule an appointment for a contract review or discuss your case. If you believe a court case is likely, your initial consultation is free. And we don’t collect a fee unless we win on your behalf.

Understanding the 2024 Changes to California's Whistleblower Retaliation Law

Sun, 30 Jun 2024 16:49:06 GMT

California has long been a leader in protecting the rights of employees, and the recent changes to Labor Code 1102.5 in 2024 further strengthen these protections, particularly for whistleblowers. The information below will dive into what these changes entail and what employees need to be aware of when it comes to whistleblower retaliation cases. Understanding these amendments is crucial for employees to feel secure in reporting unethical practices. With enhanced protections and remedies, employees can be more confident in standing up for their rights.

What is Labor Code 1102.5?

Labor Code 1102.5 is California's primary law protecting whistleblowers. It prohibits employers from retaliating against employees who report violations of state or federal laws, regulations, or rules to government or law enforcement agencies, or to a person with authority over the employee. This protection extends to employees who refuse to participate in activities that would result in a violation of these laws.

Key Changes to Labor Code 1102.5 in 2024

The recent amendments to Labor Code 1102.5, effective as of January 1, 2024, have introduced several significant changes aimed at enhancing whistleblower protections. Here are the key updates:

1. Expanded Definition of Protected Activities

The scope of protected activities under Labor Code 1102.5 has been broadened. Employees are now protected not only when reporting violations but also when reporting suspected violations. This means that even if the reported activity does not ultimately constitute a legal violation, the employee is still protected from retaliation as long as they had a reasonable belief that a violation occurred.

2. Enhanced Remedies for Retaliation

The amendments have also increased the potential remedies available to employees who experience retaliation. In addition to reinstatement, back pay, and compensatory damages, employees can now seek punitive damages and attorney's fees. This change aims to provide a stronger deterrent against employer retaliation and ensure that employees are adequately compensated for their suffering.

3. Shift in Burden of Proof

One of the most significant changes is the shift in the burden of proof in retaliation cases. Previously, employees had to prove that their whistleblowing activity was a contributing factor in the adverse employment action taken against them. Under the new law, once an employee demonstrates that they engaged in protected activity and suffered an adverse action, the burden shifts to the employer to prove that the adverse action would have occurred regardless of the whistleblowing.

4. Broadened Definition of Employer

The definition of an "employer" under Labor Code 1102.5 has been expanded to include entities that contract with employers to manage employees. This change ensures that contractors and third-party entities cannot escape liability for retaliatory actions against whistleblowers.

What Employees Should Do if They Experience Retaliation

If you believe you have experienced retaliation for whistleblowing, it is crucial to take the following steps:

Give us a call today!

The 2024 amendments to California's Labor Code 1102.5 represent a significant advancement in protecting employees who courageously report illegal or unethical activities. By understanding these changes and knowing your rights, you can better navigate the complexities of whistleblower retaliation and seek justice if you face retaliation.

For more information on whistleblower protections or to discuss your specific situation, feel free to contact our law firm. With two convenient locations in Torrance and Sacramento, CA, Employee Law Group is here to provide professional legal guidance and support. Our dedicated team is committed to advocating for your rights and ensuring you receive the protection you deserve. Reach out to us today to schedule a consultation and take the first step towards safeguarding your interests.

Maximizing Your Rights: Understanding LA’s Paid Sick Day Laws for Daily Financial Benefits

Wed, 12 Jun 2024 21:46:53 GMT

If you’re a worker in the city of Los Angeles, you may not be aware that you are entitled to paid sick leave under many circumstances. Using this paid time off can help you maintain your income if you or a family member are ill or need medical care. This means you won’t lose money you need to survive if you have to be off work. Here’s what you need to know about LA’s paid sick leave, which is part of the city’s MWO (Minimum Wage Ordinance).

Most Los Angeles Workers Are Entitled to Paid Sick Leave

According to the MWO and Los Angeles Municipal Code (LAMC) Sections 187 and 188, nonexempt employees 18 years old and over who perform at least two hours of work per week within the city of Los Angeles may be eligible for both the LA minimum wage and paid sick leave. This is true even if the employer is located outside the city of Los Angeles itself and/or the worker does not live in the city of LA.

As of 2017, the paid sick leave law applies to employees who work for companies of all sizes, including nonprofit organizations, whether or not they have received a minimum wage deferral. The employees must have worked at least 30 days within a year from the time they began employment. Part-time workers are eligible so long as they meet the above requirements.

Employers can give workers paid sick leave in one of two manners:

Front-loading method, where employees are given a total of 48 hours of paid time off at the start of the calendar year or 12-month period
Accrual method, where employees earn one hour of sick time for every 30 hours worked

Employees can start to use their sick leave on the 90th day of employment. While they are entitled to at least 48 hours (more than the minimum required for the state of California) over the course of a year, workers may be given more than that if the employer desires. If using the accrual method, employers are allowed to cap paid sick leave at 72 hours.

Common Questions Regarding LA’s Paid Sick Leave Laws

What can you use your sick leave for?

Your paid sick leave can be used for an illness that has cropped up suddenly, like a cold, flu, Covid, etc., or a chronic health condition. You can also use your time off for preventive care or diagnostic procedures, like if you have to have blood drawn or get an MRI.

You may use paid sick leave as well if you are the victim of domestic violence, stalking, or sexual assault.

Employees can also use their sick leave to care for a family member, including:

Spouse
Registered domestic partner
Child
Grandchild
Parent
Grandparent
Sibling
Relationship that is the equivalent of a family relationship

What are the rules about notifying an employer to take sick leave?

Employees may notify their employer in writing or orally when they need to use sick leave. For planned healthcare appointments, employees should notify their employer as soon as possible to give some advance notice.

Employees do not have to provide advance notice for unforeseeable illnesses or emergencies but should let their employer know as soon as practical when they are taking leave.

Are employees required to provide proof as to why they are taking sick leave?

Your employer can ask for documentation about why you are taking sick leave only after you have used more than three consecutive days of leave. However, the employer is only allowed to ascertain that sick leave is necessary; they are not allowed to ask about the reason for time off.

Additionally, the need for documentation should take into account the circumstances and not be so onerous that it keeps the employee from taking time they have earned. For example, if you are in the ICU after an emergency surgery, your employer may have to wait until you have recovered to get any paperwork they need. They can’t deny you sick time simply because you’re too ill to get a note from your doctor.

What about sick leave that’s left unused at the end of the 12-month period?

Unused paid sick time should be carried over to the next year. It may be capped at 72 hours, although employers can offer a higher cap or unlimited carryover if they prefer.

Are employees owed unused sick leave when they terminate their employment?

No, your employer is not required to pay you any unused sick leave if you end your employment . This includes if you quit, are fired, or elect to retire.

Can employers require workers to use other paid time off to make up the 48 hours?

If you are given other paid time off (PTO), your employer can use 24 hours of that to cover part of your paid sick leave. However, they must pay at least 24 hours of sick time and may not require you to use all 48 hours of vacation or other PTO for your sick leave.

What If You Are Not Permitted to Take Rightfully Earned Sick Leave?

Recent public health epidemics, including Covid, have put some workers in a tough spot when it comes to taking sick leave. There’s a lot of pressure to be in the office or in a public-facing job in spite of being ill. But you should know that in spite of recent “return to work” initiatives, you are still entitled to take your earned sick leave in Los Angeles if you meet the criteria described above.

Your employer may not tell you you’re not allowed to take leave merely because they believe Covid or the flu are trivial concerns. Nor may they fire you , threaten your employment, or retaliate against you if you need to use your paid sick leave to take care of yourself or a family member.

Employers in the city of Los Angeles who do not provide sick leave or include available sick leave on their employees' paycheck stubs can be fined up to $500 daily! That can add up pretty quickly. You would think employers would be wary of violating LA labor laws, but there are still some who do.

If you have been denied sick leave you’ve rightfully earned, or if your employer is giving you a hard time about taking time off, you may need help on your side. While you can file an official complaint, you may find it faster and more personal to partner with an employment attorney like Employee Law Group .

We can help you determine if you have a case against your employer and advise you on the next steps. Sometimes, refusing to pay earned sick leave is only one employer infraction; your company may also be engaging in discrimination , for example, or in forms of wage theft, such as not paying commission or overtime .

Our firm can also represent you in court, if it comes to that, where you may be awarded back sick pay you are owed, as well as any damages associated with having been denied sick leave. Your employer may also be cited and fined for violating Los Angeles labor law.

An initial consultation with Employee Law Group is absolutely free. Call us at 310-407-7358, or reach out online with your questions.

Understanding Day Rate and Overtime Laws in California: A Comprehensive Guide for Professionals in Diverse Fields

Wed, 12 Jun 2024 20:43:42 GMT

Whether you are employed in a restaurant kitchen as a cook or out in the field as an oil pipeline inspector, you are entitled to overtime pay, even if you get a day rate. You read that right: you should get overtime even if you get a day rate . Here’s what you need to know about California overtime laws for day rate employees so you can protect your rights and ensure you’re getting what you are due, no matter what your profession.

What Is a Day Rate and Why Is It Sometimes Problematic?

A day rate is a flat pay scheme where you are paid a set amount for the day rather than hourly pay or an annual salary. For example, you might work as a sous chef in a restaurant kitchen for $160 per day, with your days being 8 hours each.

That’s 20 bucks an hour. Sounds like a good deal, right?

In this instance, yes…but unfortunately, this is not always the case. Your total day rate divided by the number of hours you work must equal at least the minimum wage. In California in 2024, that’s at least $16.00 an hour for nonexempt employees . (Some communities and industries have set even higher minimum wage thresholds .)

So, if your day rate is only $100 and you’re working 8-hour days, you’re already not making the state’s required minimum wage. You’re making $12.50 per hour. That’s against the law.

Then there’s the issue of overtime. Even if your day rate just squeaks in under the minimum wage requirement, what happens if you work extra hours? Say, in the first case above, a large party comes in late and the restaurant owner decides to stay open to serve them. You wind up working 11 hours that day instead of 8. You must be paid overtime for those hours above your regular 8 (see below), or your employer has broken the law.

Many employers have recently been cited, fined, sued, and even shut down over day rate wage infractions in California because of these situations. They’re taking advantage of employees, often leveraging their power to terminate employment or create immigration problems in order to keep them working for below the state-mandated rate. Although this is particularly common in the food and hospitality sector, it occurs in other industries as well.

Industries and Professions Where Day Rates Are Common

Day rates are not only frequently used by restaurant employers, they’re common in the entertainment industry too — often known as “calls,” where the worker is quoted a flat rate for a shoot over a given number of hours, e.g., “500/10” or $500 for 10 hours of work.

Other places where you’ll find day rates used include:

Oil and gas industry - field specialists, field operators, pipeline inspectors, top drive technicians, service supervisors, field coordinators, tool pushers, pumpers, lease operators, mud engineers, field engineers, and completions consultants or supervisors
Construction industry - especially for construction workers employed on a project basis vs. long-term employment
Private security and military contracting - long-term protection details in particular
Inspectors - for welding, tanks, safety, electrical and instrumentation, NACE coating, vending, tie-in, directional drilling, and utilities
Drilling consultation
Water truck driving
Project management

Additionally, day rates are becoming more common for white-collar professionals and consultants who work as freelancers or independent contractors. This includes accountants, content creators, virtual assistants, and tech professionals.

In some cases, using a day rate simply makes payroll and budgeting easier. But as mentioned above, some less scrupulous employers use this pay schedule in an attempt to circumvent minimum wage and overtime laws.

What Is California Law for Overtime Pay?

Before we dive into calculating overtime pay when you’re on a day rate, let’s first review California’s laws for overtime requirements.

Unless your union has negotiated a different pay schedule, you are entitled to the following overtime pay in California :

1½ times your regular rate of pay for more than 8 hours in a workday, up to 12 hours in a workday
1½ times your regular rate of pay for the first 8 hours worked on the 7th consecutive day of work in a workweek
2 times your regular rate of pay for all hours worked over 12 hours in any workday
2 times your regular rate of pay for more than 8 hours worked on the 7th consecutive day of work in a workweek

How Is Overtime Calculated When You Are Paid a Day Rate?

Now, let’s go back to our early hypothetical scenario where a restaurant kitchen worker is paid $160 for 8 hours of scheduled work but winds up working 11 hours instead. How would you calculate the overtime rate?

Divide $160 by 8. That equals $20.00. That’s your baseline hourly rate for that shift.
Multiply $20.00 by 1.5 (1½ times your baseline hourly rate). You get $30.00 per hour. That’s your overtime rate. At three extra hours, you would get an additional $90.00 ($30.00 times 3).
Last, add your day rate to your calculated overtime pay. Your total paycheck for the extra-long shift would therefore be $160 plus $90.00 or $250.

What if you work more than 12 hours? The hours between 8 and 12 are paid at 1.5 times your hourly rate, calculated as above. Anything over 12 hours, though, is paid double time or 2 times your hourly rate.

What If Your Employer Is Not Paying You Overtime?

Intentionally not paying overtime is considered a form of wage theft in California. If you’re not being paid overtime but have a good relationship with your employer, you could talk to them first. Some employers don’t know how to calculate overtime from a day rate, and you can show them how to avoid penalties and fines by changing their practice.

However, if your employer is deliberately denying you overtime pay, you are entitled to take next steps. You may wish to file a claim with the state . They will investigate and hold the employer accountable if they are indeed found guilty of withholding overtime pay.

The problem most folks run into when dealing with state bureaucracy is the time factor. The people responsible for investigating wage claims get bogged down and backed up. Meanwhile, you’re still not getting your overtime pay, and you have your own financial obligations to take care of.

That’s why some people in the Los Angeles area turn to an employment attorney like Employee Law Group . How can we help? We can:

Assist with state paperwork if you wish to file a formal claim so you know everything is completed properly and turned in within the shortest window possible
Advise you on how to document a wage claim of your employer not paying overtime and how to protect evidence of wrongdoing
Evaluate whether other workplace infractions are taking place, such as discrimination or 1099 misclassification
Send a letter to your employer requesting you be paid all overtime owed and proper overtime in the future, outlining possible consequences if this is not done
Represent you in court if you decide to pursue a lawsuit, including filing official documents and litigating the case

If you are being denied overtime you have rightfully earned, you don’t have to just put up with it. Your initial consultation with Employee Law Group is completely free of charge, so you can decide what to do next. Call us at 310-407-7358, or get in touch online to let us know how we can assist you.

Pregnancy Discrimination

Fri, 02 Feb 2024 11:18:19 GMT

Do you have a disability and believe you have been treated unfairly at work because of it? You might have a workplace disability discrimination case. Read more below to see if this applies to you and what you can do to make sure your rights are protected.

What Is Pregnancy Discrimination?

Pregnancy discrimination is being treated less favorably than other employees at your workplace because:

You are currently pregnant.
You are thinking about becoming pregnant.
Your employer is worried about you becoming pregnant.
You have recently given birth.
You have recently suffered a miscarriage.

The unfavorable treatment has to result in harm to you, whether physically, emotionally or financially. It might also interfere with your ability to properly perform your job.

In California, pregnancy discrimination can be cause for a claim if your employer (or a prospective employer) has five or more employees. Employees include unpaid interns. Continue reading to learn more about discrimination laws specific to California.

What Are Some Examples of Pregnancy Discrimination?

Pregnancy discrimination can take many forms. Some common examples include:

Being passed over for a promotion or desirable assignment
Being demoted
Receiving less pay or having your hours cut
Being laid off or fired (especially just before parental leave was due to commence)
Not being allowed to come back to work after maternity leave
Not receiving training or education like other employees
Not being hired for a job for which you are qualified
Denial of health insurance, benefits, commission or bonuses
Not being allowed time off for medical appointments
Requiring you to perform work that is too strenuous and might put your pregnancy in danger in order to force you to quit
Harassment (by management or fellow employees – also a form of sex discrimination)
Being refused your rightful leave of absence
Not making reasonable workplace accommodations for your health or for a pregnancy-related disability

Reasonable workplace accommodations include things like allowing you to sit at work, modifying certain arduous workplace duties, or allowing you to use the bathroom more frequently as needed. They also encompass providing sufficient break time and a private room nearby to express breast milk as per the Labor Code.

A period of leave may be justified by many circumstances, including:

Morning sickness (hyperemesis gravidarum)
High blood pressure (hypertension)
Preeclampsia
Gestational diabetes
A medical condition or complication that requires bed rest
Childbirth recovery
Postpartum depression
Miscarriage

It is permissible for your employer to ask for a doctor’s note regarding the issues listed above, but they must participate in a process with you to develop a plan to accommodate your pregnancy and any health concerns.

Are There Laws to Protect Pregnant Workers and New Mothers in California?

There are multiple federal and state laws that prohibit pregnancy discrimination. Most often, the California Fair Employment and Housing Act or FEHA is cited when employees allege pregnancy discrimination against an employer. However the following other laws may also apply:

The federal Family and Medical Leave Act - FMLA allows for up to 12 weeks of unpaid leave for pregnancy-related disabilities
The California Family Rights Act - CFRA gives you up to 12 weeks leave for baby bonding
California’s Pregnancy and Disability Leave Law - PDL permits up to 4 months of unpaid leave for pregnancy-related disabilities
The California State Disability Insurance program - SDI requires up to 4 weeks of paid leave for pregnancy-related disabilities and 8 weeks of paid leave for baby bonding

What Should You Do If You Have Been a Victim of Pregnancy Discrimination?

Occasionally, employers are unwitting perpetrators of pregnancy discrimination. Sometimes talking with your boss or HR and reminding them of your rights can set the matter straight. If not, your next step is to write a pregnancy discrimination demand letter. This type of letter demands that your employer stop all discriminatory behavior immediately and states that if they comply, you will not report them or pursue a lawsuit.

If the pregnancy discrimination continues, you have the right to contact the appropriate authorities and file an official complaint. Depending on which law is being violated, your complaint will go to either the California Civil Rights Department , which is formerly known as the Department of Fair Employment and Housing or DFEH, or the US Equal Opportunity Employment Commission or EEOC.

The government agency will then investigate the matter. They can choose to take action against your employer on your behalf or do nothing, in which case you can file a civil lawsuit. In most instances, an official complaint and investigation are necessary before you can take the case to court.

How Do You Prove Pregnancy Discrimination?

Pregnancy discrimination can be difficult to prove, depending on the evidence available. Therefore, it’s important to document as much as you can, as this can help your case. Emails, text messages, and memos can serve as proof of discrimination.

For example, your boss might have emailed you saying your hours are being cut because of your pregnancy. Another scenario would be receiving a letter saying you weren’t hired for a job because you were pregnant and the company was concerned you would quit after your baby was born.

Eyewitnesses are also important. Your co-workers might come forward for you saying you have been treated unfairly, or they might be witnesses to discriminatory behavior, like your having been left out of important training sessions due to your physical condition.

How Can an Employment Attorney Help with Pregnancy Discrimination?

Usually, once you get to the point where a pregnancy discrimination demand letter is required, the help of an employment lawyer is necessary. You want to make sure the letter is written properly, and you want to cite all the legal reasons why you are sending the letter. An attorney can make sure you cover all that and may even help you discover discriminatory acts you weren’t aware of.

Likewise, should you wish to file an official complaint, it’s best to have an attorney help you with the required paperwork and decide which agency should investigate based on the laws being broken. If the agency opts not to pursue action, your attorney can then assist you if you want to file a lawsuit. They can represent you in court or in some instances, help you reach a private settlement with your employer. An attorney can help you gather proof of discrimination to make your case stronger for the best possible outcome.

Employee Law Group is experienced with cases of pregnancy discrimination and can help you if you're in the Los Angeles area, particularly with the confusing legal issues and red tape surrounding demand letters, official complaints and lawsuits. We have the resources to work on your case, so you can focus on your life and your prenatal or postpartum health.

It doesn’t cost anything to see if you have a pregnancy discrimination case because our first consultation is free. To schedule an appointment, call Employee Law Group today at 310-407-7358, or reach out online to tell us more about your situation.

Understanding Workplace Disability Discrimination in California

Tue, 09 Jan 2024 14:11:38 GMT

what Is Disability Discrimination?

Disability discrimination is having your employer, manager, or coworkers treat you poorly because of a physical, mental, or medical impairment. This type of discrimination is frequently one of the most common types reported to the US EEOC (Equal Employment Opportunity Commission). In 2020, disability discrimination claims made up over a third of all complaints filed with the agency.

Do You Legally Have a Disability?

You might be surprised to see the list of conditions that are considered a disability according to the ADA (Americans with Disabilities Act) of 1990 . They include but are not limited to:

Difficulty with mobility that requires a wheelchair
Complete or partially missing limbs
Blindness
Deafness
Diabetes
Epilepsy
Cerebral palsy (CP)
Multiple sclerosis (MS)
Muscular dystrophy (MD)
Cancer
HIV infection
Autism
Intellectual disabilities
Bipolar disorder (PPD)
Major depressive disorder (MDD)
Schizophrenia
Obsessive-compulsive disorder (OCD)
Post-traumatic stress disorder (PTSD)
Pregnancy and post-partum

Do You Legally Have a Disability?

In many instances, disability discrimination involves a worker being fired for having a disability or not being hired for a job in the first place. In other cases, disability discrimination may entail:

Being paid less than non-disabled employees for doing the same work
Not receiving or being considered for a promotion because of a disability
The employer refusing to pay rightfully earned bonuses, commission, or overtime pay
Harassment in the workplace by management or colleagues (often under the guise of “we were just joking” or “it’s all in good fun”)
A change of job duties after being hired for something else, when it’s physically impossible with a disability

Did you know that disability discrimination also includes being let go or treated worse than other employees because you have someone in your household with a disability?

Another less well-known example of disability discrimination is not being allowed to take time off for medical appointments related to a disability. This might be, for example, not being permitted to clock out for a doctor’s appointment to get a prescription refilled for your HIV treatment or seizure medication. Or it could mean not getting the time you need for prenatal care if you’re pregnant. Perhaps you’re being denied time off to receive chemotherapy or dialysis.

The business you work for needs to make reasonable accommodations for your disability, such as providing accessible entrances and restrooms. If you are nursing, you must be provided with a private area to pump breast milk. Your employer not providing those things can be considered disability discrimination.

A great resource for information regarding disability accommodations is the Job Accommodation Network. www.askjan.org. You may find many of your questions about accommodations answered there.

Additionally, always document requests for job accommodations. That way, you can show you tried to get an accommodation if you are denied. The best method to do this is with a certified letter or an email rather than a phone call or in-person conversation, which are harder to prove took place if you need to take legal action. Always keep a copy for yourself, and never assume you will have access to work email forever (print and forward to your personal email).

One of the most egregious examples of disability discrimination is whistleblower retaliation. This happens when an employee officially reports discrimination in the workplace or brings it to the attention of others, like a union or the media. The employee may then be wrongfully terminated, blacklisted, intimidated, threatened, or punished for being a whistleblower.

The most serious cases of whistleblower retaliation involve physical violence or threats to the disabled worker’s family. Sadly, workplace retaliation in general makes up more than half — nearly 60 percent — of all EEOC complaints.

Disability Discrimination and California Law

In spite of what your employer might tell you, disability discrimination is against the law in the United States, according to the aforementioned Americans with Disabilities Act. In the state of California, you are further protected by the Fair Employment and Housing Act (FEHA) of 1974 .

Unfortunately, disability discrimination is still occurring. If you’re reading this article, it’s possible you or a family member has experienced workplace disability discrimination.

Other Types of Workplace Discrimination

Sometimes disability discrimination overlaps with other types of prejudicial behavior. You might also find yourself discriminated against because of your:

Age
Race
Religion
Country of origin
Sex/gender
Orientation
Parental status

The same signs of discrimination listed above may show up because of these factors or make disability discrimination even worse. Harassment and retaliation, especially for whistleblowing, occur with these types of discrimination as well.

How an Employment Attorney Can Help with Workplace Disability Discrimination

Whether you are being discriminated against at work solely because of a disability or if you have multiple types of discrimination going on, an employment lawyer can help.

Deciding if you have a case

The first step is to determine if you have a workplace disability discrimination case. Your attorney can meet with you to discuss your unique situation. As mentioned above, you may have experienced both discrimination and retaliation, or you may have endured several kinds of discrimination simultaneously.

Documenting discrimination

If you have a case, you will need to prove it. Therefore, gathering as much documentation as possible is necessary, such as incriminating emails, text messages, or other proof of discrimination. Your attorney can advise you about what types of correspondence are wise to keep and how to hang onto these documents safely should your employment suddenly be terminated.

Planning next steps

Workplace discrimination can feel overwhelming and confusing. Having an attorney working with you can help you sort out your path moving forward, so you can decide with a clear head and expert knowledge what you want to do next.

Filing an official complaint

Sometimes filing a claim with either the EEOC or the California Department of Industrial Relations Labor Enforcement Task Force is your preferred next step. Your employment attorney can explain this process to you and assist you with the paperwork, making sure everything is done properly.

Taking the case to court

You may find the mandatory investigative period with federal or state agencies too long, especially if they have a backlog of cases, which happens quite often. Or you may wish to take a more proactive approach to the violation. An employment lawyer can help you obtain a “right to sue” letter and follow up by filing a lawsuit against your employer. They can then negotiate a settlement or represent you in court.

Having an attorney from Employee Law Group on your side ensures all the paperwork will be filed correctly. It lets you get on with your life while the firm’s resources handle the small details of a court case.

An employment attorney can also deal with issues like getting your job back if you have been wrongfully fired, preventing you from getting improper bad references, and seeing you are paid the money you are owed. This may include back wages or commissions, punitive damages , and all legal and court costs.

If you have been the target of workplace disability discrimination in the Los Angeles area, you don’t have to suffer in silence. Employee Law Group offers a free initial consultation to discuss your case. Call us at 310-407-7358 or reach out online to let us know how we can assist you.

How California Law Supports TV Production Workers’ Overtime Pay

Fri, 15 Dec 2023 14:23:12 GMT

Do you work as a production employee on a television show set where long days are the norm? If so, it’s essential to know how California laws regarding overtime pay affect your bottom line. Here’s what you need to know about minimum wages and calculating overtime — especially if you are not yet an entertainment union member. And if your employer does not pay you proper overtime, you should know how an employment attorney can help you.

MANY ORGANIZATIONS ARE INVOLVED IN TV PRODUCTION

For every television series that hits the networks or streaming platforms, there is a diverse group of workers involved. Most of these organizations operate on film productions as well as on television.

Television shows divide their budgets between above-the-line and below-the-line workers from all of these groups. Above-the-line costs include the amounts paid to actors, casting, screenwriters, story developers, producers, and directors. These members of the production typically have their own unions, like SAG-AFTRA (Screen Actors Guild-American Federation of Television and Radio Artists), DGA (Directors Guild of America), and WGA (Writers Guild of America).

The below-the-line budget includes the rest of the production crew, which also includes pre-production and post-production. These positions include but are not limited to:

Assistant directors
Directors of photography
Film and visual effects editors
Production designers
Production coordinators and assistants
Line producers
Location managers
Stage managers
Technical directors
Sound engineers
Lighting technicians/gaffers
Boom and camera operators
Grips and best boys
Wranglers
Stunt performers
Property masters
ADR (dubbing)
Foley artists
Set painters
Stagehands
Carpenters and set construction professionals
Costume designers
Hair stylists
Makeup artists
Truck drivers
Craft service (food)

Likewise, many television production workers in the jobs listed above belong to their own unions, like the Motion Picture Editors Guild, the Teamsters, and the IATSE (International Alliance of Theatrical Stage Employees) and its various locals made up of different subcategories. These unions have negotiated specific regular and overtime pay rates for production crews.

However, it’s important to note that not all television productions are union productions; some may be non-union, in which case different pay arrangements have been created. Or, crew members may work on a union set but are not yet eligible for union membership, so they also have different pay levels. This is why it’s vital to review any employment contracts before starting work on a show to understand union participation and compensation and how it affects you.

What California Law Says About Overtime Pay for Below-the-Line TV Production Crews

California law protects workers

As you probably know, television productions often go into overtime when shooting or hurrying in post-production to meet a deadline. You might have to work long hours to capture scenes while the weather is still good, or there could be complications setting up a shot before the cameras can even start rolling.

Fortunately, California law governs much of what happens on television sets, as regular and limited series are typically filmed in the Hollywood area. Furthermore, California wage law applies to California-based studio productions when they’re traveling and filming on location. Even residents of other states who work on location for Hollywood productions outside of California must be paid by California’s wage and overtime schedule.

It’s therefore essential to understand that California is quite strict about enforcing overtime pay for all employees, including those working on television productions. You must receive at least the California minimum for overtime pay if you are not paid more per a union agreement.

It is considered wage theft for employers not to pay workers their rightfully earned pay. And it is now a criminal offense and grand theft for employers to intentionally withhold more than $950 in earnings from any one employee or $2,350 total from two or more employees during a 12-month period.

Also, California Assembly Bill 5 (AB 5) dictates that you be paid as a W2 employee, not an independent contractor. Otherwise, your employer could be in violation of employee misclassification laws.

California overtime pay

So, practically speaking, what does all this mean for workers? First of all, your overtime pay is a reflection of your straight pay — your regular hourly wage. If you work for a studio based in Los Angeles, that’s at least $16.78 per hour, which is the minimum wage.

Be aware that some places in California, like the city and county of Los Angeles, have minimum wage rates that are higher than the state minimum of $15.50, which will increase to $16 per hour on January 1, 2024. Some of these locales will be raising their minimum wage at the start of 2024 and/or during the next year. So, if you work for an employer (studio or production company — whoever signs your contract and paycheck) headquartered in one of these places, you must be paid the higher rate.

Your California overtime pay is 1.5 times your straight pay for:

More than 8 hours in a workday
The first 12 hours on a 6th day of work
The first 8 hours on a 7th day of work

Your employer is required to pay 2 times your straight pay for:

Any hours worked over 12 in a workday
Any hours over 8 on a 7th day of work

Calculating pay per call

What if you don’t know your hourly rate or straight pay? In many crew professions, you might get a call for something like “500/10.” This means you are guaranteed $500 for working 10 hours: eight hours of straight time and two of overtime. That’s going to come out to roughly $50 per hour, which is much more than the minimum wage — no worries as long as you stay close to 10-ish hours.

But what if you get a call for something that pays much less, say 160/10? You’re going to be skirting minimum wage issues there and need to check that you’re getting paid adequately. Here’s how you do the math:

Turn the overtime into straight time by multiplying the 2 extra hours by 1.5. This gives you 3 straight time hours.
Add the 3 extra hours to your 8 hours. This totals 11 hours for the day.
Divide your guaranteed pay of $160 by 11. You get $14.55 as your hourly rate with rounding.

First of all, that’s below the California minimum wage, so the employer is going to have to raise your total call pay until you hit at least the minimum. Once that’s done, you can calculate your overtime requirements from that.

If, for example, you get the employer to raise your pay to $180 for the call, your straight time is now $16.36 per hour. For a 10-hour call, you should be paid $130.88 for the first eight hours and $49.08 for the two hours of overtime. That’s a total of $179.96 for the entire call. Since you were guaranteed $180, everything is good.

However, you can’t put in more than a 10-hour day without needing to be paid more for overtime. If the shoot goes long, your employer will need to cover the additional time at 1.5 times $16.36 per hour. That contingency needs to be in your contract.

But wait…there’s more!

Remember above where we talked about how filming hours can get crazy sometimes due to certain circumstances? You may be owed other overtime pay based on these circumstances:

Meal penalties for when the director deems you can’t stop shooting when you would normally take a meal = 1 hour of straight time for each meal missed by non-union crew, even if it’s 30 minutes, or different rates determined by unions like IATSE for other employees (changes annually)
Forced calls when you have to return to the set sooner than expected during a break, such as when rain is predicted later and you’ve only been off for a few hours = California overtime as listed above for non-union employees or usually continuous 1st and 2nd shift pay or golden hours pay (aka Jeffords Rules) for IATSE and Teamsters members, as well as many other unions (consult your union rep)

If you are a union member, you get the overtime pay determined by your representation for these scenarios. If you are not a union member, you must be paid at least the California overtime minimum.

Not Receiving Proper Overtime Pay? An Employment Attorney Can Help

If you believe you have been shorted on overtime pay or have similar concerns about a production you’re working on, it may be time to enlist the help of an employment lawyer. You may feel especially overwhelmed if you don’t have a union to protect you yet. At Employee Law Group, we assist with:

Reviewing employment contracts to ensure your rights are protected
Helping workers determine if they have a legal case against an employer
Assisting with paperwork when filing a complaint with the state of California
Advising workers about how to document overtime violations and wage theft
Representing production workers in court, should a lawsuit be necessary

Working on a television series is hard work, and you deserve to be paid everything you are owed for your efforts. To discuss the possibility of wage theft or withholding of overtime pay by a California employer, you can schedule an initial meeting with Employee Law Group at no cost to you. Call us at 310-407-7358 to set up an appointment, or get in touch online to let us know how we can help.

Upcoming Changes: California Employers to Provide More Paid Sick Days in 2024

Wed, 22 Nov 2023 14:28:33 GMT

If you’re a worker in California, there’s some good news on the horizon. As of January 1, 2024, the state will require employers to provide you with more sick days than previously. Read on to learn about the changes and see how the new sick leave policy in California will be implemented.

What the Old Law Said About Sick Leave

The old California paid sick leave law — known as the Healthy Workplaces, Healthy Families Act — has been around since the start of 2015. It mandates that employers of all sizes give one hour of paid sick leave for every 30 hours an employee works, so long as they have been employed for 30 days or more.

This is known as the accrual method of calculating sick leave. Using this process, employers are permitted to cap accrued paid sick leave at 48 hours and to cap lump sum paid sick leave within a 12-month period at three days or 24 hours (whichever is greater).

This is changing with the new California Senate Bill (SB) 616. The new law, which grants workers more sick days, begins on the first of January next year.

Changes to the California Sick Leave Law for 2024

Thanks to SB 616 , employers in the state of California are now required to give five days or 40 hours of sick leave, whichever is greater, to workers.

If employers use the accrual method described above, they must raise the cap to at least 80 hours or 10 days, whichever gives the greater amount of sick time.

There are a few other elements to the law. First, paid sick leave must be paid at the employee’s regular pay rate, not their base pay, which often differs, with the regular pay rate being higher. If you make bonuses, shift differentials, or similar payments in addition to your base pay rate, the extra money must be factored into the calculations for your regular pay rate.

Also, there are places in California where local laws already mandate more paid sick leave than the new state laws dictate. In those locations, employers must pay the higher amount. If a worker is remote or has a hybrid work schedule, the employer must pay the sick leave rate for where the employee lives, not the rate for where the company is headquartered or where the worksite is located.

As of now, seven places in California have their own sick leave policies that offer more time and supersede the state law:

Oakland
San Francisco
Berkeley
Santa Monica
Emeryville
Los Angeles
San Diego

So, if you work from home — even part time — in one of those cities, your employer must pay you the sick leave rate determined by your location, not the state rate.

Additional Leave for Reproductive Loss

There is additional leave available starting in 2024 that is related to sick leave, and it’s required for companies that have five or more employees. This is leave for someone who has suffered a “reproductive loss event,” such as a:

Failed adoption
Failed surrogacy
Miscarriage
Stillbirth
Unsuccessful assisted reproduction attempt

If you have been employed for at least 30 days, you are entitled to up to five days off, according to Senate Bill 848. You are allowed to take your time all at once or break it up into a day or two here and there.

If your company doesn’t have a specific leave policy for this type of need, you may have to take the leave unpaid. However, you can use other time you’ve earned to pay for your reproductive loss event leave, such as accumulated vacation or sick time.

Your employer is required to keep your confidentiality about the leave, not telling anyone else why you’re off work. Furthermore, they’re not allowed to retaliate or discriminate against you because of taking this leave or because of the loss that caused you to take it.

For example, if you take a reproductive loss event leave — or any other kind of sick leave you’re entitled to — your employer cannot deny you a promotion, give you bad work shifts, or withhold rightfully earned commission payments because of it. This would be considered discriminatory or retaliatory behavior, and it’s against the law in California. Likewise, they can’t terminate your employment for taking allowed leave, as this is wrongful termination and also unlawful.

Are You Being Denied Legal Paid Sick Leave or Other Workplace Rights?

Unfortunately, in spite of California’s assertive protection of workers with recent legislation, employers continue to violate many aspects of labor law. If you are not allowed to take paid sick leave or have been denied other rights, an employment attorney can help you. An employment lawyer is often a last resort when an employee has tried to work things out on their own but hasn’t made headway with a manager, owner, or HR.

At Employee Law Group, we assist workers in the Los Angeles area with cases involving:

Harassment
Discrimination
Retaliation
Wage theft
Unpaid commission
Wrongful termination
Break/rest violations

We also help with employment contracts and severance agreements. Our team can review documents before you sign to ensure your rights as an employee in California are being upheld.

If your employer has committed a violation of California law, we can help you file an official complaint or represent you in court should you decide to pursue a lawsuit. We can also advise you about how to document your case and what to do in case you think you might lose your job soon.

At Employee Law Group, we have a great track record of helping employees recover money they are owed. In some instances, we have also been helpful in getting workers’ jobs back or making certain they are not given bad references when leaving a hostile employer.

Your first step is to determine if you have a case. We do that through an initial consultation, which at Employee Law Group is absolutely free.

To schedule a meeting with us, call 310-407-7358. Or get in touch online at your convenience to let us know how we can help.

Charting California's 2024 Employment Landscape: A Guide for Employers

Fri, 10 Nov 2023 14:39:58 GMT

If you’re an employer in California, pay attention to changes in the work environment for 2024. Here’s a summary of new employment laws passed by the California Assembly and Senate that you must follow in order to avoid costly citations and the potential for lawsuits.

New Employment Laws Effective January 1, 2024

Noncompete agreements in California

Noncompete agreements or clauses in work contracts say that employees may not work for competing businesses when they leave their current employer. Usually, there is a time period of several years involved, and there may be geographic limitations as well. These clauses are also sometimes included in agreements for independent contractors.

Fortunately, California law regarding noncompete agreements favors workers, as these contracts limit the ability of workers to make a living. New legislation for 2024 takes that a step further by removing invalid noncompete agreements altogether.

Assembly Bill 1076 (AB 1076) prohibits the use of noncompete contracts outside of a few very narrow exceptions. Also, employers who required current or former employees after January 1, 2022, to sign a noncompete clause must notify the worker in writing that the clause is void.

California Senate Bill 699 (SB 699) adds that noncompete agreements are unenforceable in California even if an agreement is signed elsewhere. It is a civil violation to try to enforce an invalid noncompete clause or even to include one in an employment contract.

Presumption of retaliation

Senate Bill 497 has made it so retaliation is now presumed if an employee is disciplined or terminated within 90 days of filing a claim of unequal pay or certain other labor violations. If an employer is found to have retaliated against a worker or former worker, they can be penalized up to $10,000 per employee for each infraction.

Increase in paid sick leave

Here’s some news for employees who need to take paid sick leave (PSL). This leave that must be provided by employers to California employees has gone from three days or 24 hours to five days or 40 hours, as per SB 616 .

Additionally, the annual cap using the accrual method has been raised to 80 hours or 10 days at minimum (whichever is greater).

Leave must be paid to nonexempt employees at the regular pay rate, which is not always the same as their base pay.

In cases where local law mandates more minimum paid sick leave than the state requires, employers must pay the higher amount. This includes PSL for remote or hybrid workers living in locations with higher mandated sick leave amounts.

Leave following reproductive loss

According to Senate Bill 848 , if you are an employer with five or more employees and you have a worker who has been employed for at least 30 days, this law applies to you. If the worker endures a “reproductive loss event,” you must provide them with up to five days of time off.

What constitutes a reproductive loss event?

Miscarriage
Stillbirth
Unsuccessful assisted reproduction
Failed surrogacy
Failed adoption

The leave can be taken any time within three months of the event, and it need not be taken all at once. It can be unpaid leave, if you don’t have a policy covering such events, but the employee can opt to use other earned time off (sick leave, vacation time, etc.) to cover the time away from work.

Confidentiality must be maintained as to why the employee is taking time off, and there can be no retaliation or discrimination as a result of the leave or the event that led to it.

Other new labor laws

There are a few other pieces of legislation that may affect California businesses:

Per AB 594 , the California Labor Commissioner may work with public prosecutors to sue employers over wage-and-hour laws, even if the employer and worker have an agreement that limits this type of legal action.
Employers may not discriminate against employees and job candidates based on someone’s prior cannabis use, including their criminal history related to cannabis use, unless certain state or federal jobs allow for cannabis use/history screening (law passed in 2022 via SB 700 for enactment in 2024).
Many employees laid off in hospitality and service industries during the COVID-19 pandemic must be rehired if they were employed for at least six months ( SB 723 law applies through December 31, 2025).
According to SB 476 , if an employee is required to have a food handler card, their employer must cover all costs associated with obtaining the card, including training, testing, and fees. Time off for the training course and exam must be provided, and employment cannot be conditional on a worker already possessing the card.
Trial courts will now have discretion to decide whether to stay court proceedings or allow a lawsuit to go forward if there is an appeal after arbitration , per SB 365 .

New Employment Laws Effective Later in 2024

There are other laws governing employment in California that will become effective later in 2024:

AB 1228 provides for a minimum wage increase this summer for employees of fast food chains with more than 60 locations nationwide to $20 per hour.
A minimum wage (hourly and salaried) increase for healthcare workers becomes effective in June, thanks to SB 525 , and will be implemented based on several different wage schedules based on the workplace.
Senate bills 553 and 428 enhance workplace violence prevention by requiring employers to have written plans and training to fight workplace violence. By 2025, it will be easier for employees subjected to workplace violence or threats of violence to obtain restraining orders against perpetrators.

As attorneys for workers in California — specifically the Los Angeles area — our team at Employee Law Group sees workplace violations on a daily basis, including wage theft, discrimination, harassment, and whistleblower retaliation. The penalties for employers who are found guilty of these violations are stiff and may be so financially punitive that a business could be forced to close its doors.

Don’t wind up on the wrong side of the law if you are a California employer! Learn about these new laws for 2024 so you can follow them when the calendar changes.

Are you a worker who believes your rights have been violated by your employer? Employee Law Group can help. Your first consultation is completely free and does not obligate you to any further action. It gives you the opportunity to see if you have a case and lets you know clearly what your next options are.

Call Employee Law Group at 310-407-7358, or reach out online to let us know how we can assist you.

Stay Compliant in California: Termination and Employment Separation Essentials

Mon, 30 Oct 2023 14:51:07 GMT

If you own or manage a business in the state of California, it’s essential to stay compliant with state and federal laws regarding employee termination and separation. And if you’re a worker, it’s also vital to know your rights when ending employment. Here are some of the most important questions about the process that both sides need to pay attention to.

Is California an “At Will” Employment State?

Yes. This means that either the employer or the employee can end the relationship at any time for nearly any reason (with or without cause), without notice.

However, there are some scenarios where “at will” status does not apply:

When there is an employment contract or, sometimes, an implied contract
When a worker is wrongfully terminated (see more below)
When firing an employee violates public policy

When workers are terminated based on fraudulent misrepresentations

Are Employees Required to Give Notice When They Leave a Job

Unless a contract stipulates otherwise, workers are not required to give notice to employers before leaving. This is a courtesy and not mandatory. Giving advance notice may be beneficial, though, if the employee would like references from the employer or may want to be hired back in the future.

What Are Employers Required to Give Workers Before/Upon Termination?

Federal requirements

If layoffs are covered under the WARN Act , the employer must give workers at least 60 days’ notice of termination.
If the company has 20 or more employees, it must provide employees with COBRA options to continue healthcare insurance.
In some situations, the IRS must be notified about terminated employees in order for them to provide information about

California requirements

In California, workers must be given:

The For Your Benefit pamphlet from the California Employment Development Department (EDD)
Written notice per California Unemployment Insurance Code 1089 in print or via email if the employee works remotely
If there are more than 20 employees, DHCS 9061 regarding health insurance premium payments
Information pertaining to Cal-COBRA rights, as distinct from federal COBRA mandates
Information regarding continuing, extending, or converting disability coverage

What Is Wrongful Termination?

Wrongful termination is unfair dismissal. Usually, this falls into one of three categories:

Violation of an employment contract
Discrimination
Whistleblower retaliation

What Is a Separation Agreement?

A separation agreement is a legally binding contract between an employer and an employee who is about to be terminated. Often, this is because of downsizing or business acquisition, and a severance package is involved.

The employee agrees to certain aspects of the agreement (within the bounds of the law — see below) in order to receive their severance pay. It should be noted that severance is generally not required unless it is part of an employment contract or negotiated as part of corporate restructuring during a merger or acquisition.

What Is a Waiver of Claims?

A waiver of claims (aka release of claims) is the meat of most separation agreements. It states that the employee gives up the right to make claims later against the employer, such as suing them after the fact for something they believed was unlawful.

In California, certain workplace rights cannot be waived in a separation agreement, including:

Unemployment benefits
Workers’ compensation claims and benefits
Compensation the worker was entitled to receive, such as wages, back pay, overtime pay, commissions, etc., even if they are in dispute
Age discrimination claims, in most cases

How Long Do Workers Have to Review a Separation Agreement Before Signing?

In California, workers must be given five days to review a separation agreement and cannot be forced to sign it on the spot.

Are Non-Disparagement Clauses Legal in California?

Some aspects of separation agreements may not be legal in the state of California, which has particularly strong protections for workers. Non-disparagement clauses mean terminated employees may not speak ill of their previous employer. These clauses are generally considered allowable.

However, non-disparagement clauses do not forbid the employee from talking about unlawful acts in the workplace, such as harassment or discrimination. This was strengthened by the Silenced No More Act (Senate Bill No. 331), which was approved by the governor in 2021.

Are Non-Compete and Non-Solicitation Agreements Enforced in California?

In other states, non-compete and non-solicitation agreements are common elements of separation agreements too. A non-compete clause says that the employee can’t work for a competitor of their former employer for a predetermined amount of time after termination.

A non-solicitation agreement means the employee cannot solicit business from the former employer’s clients, nor can they poach employees to come work with them at a new company.

California regards non-compete and non-solicitation clauses as being too punitive for workers and, therefore, does not enforce them, except under narrow circumstances, usually involving the sale of a business.

Furthermore, companies headquartered outside of California with California employees do not get a choice of law should the state where they are based have laws more favorable to them in this regard. They must abide by California law, not the laws of the other state.

Can Employees Divulge Proprietary Information or Trade Secrets Once They Leave a Job?

No, even if it is not stipulated in a separation agreement, employees may not share certain information with other entities once they leave their job. This includes things like financial data, client lists, private legal history, manufacturing formulas, and trade secrets. Employees who are not sure about what constitutes proprietary information should discuss this with the employer prior to their termination.

When Do Employers Need to Pay Final Paychecks to Workers?

Employers must pay terminated employees within a specified period according to these rules:

Discharged employees must be paid all their due wages, including any vacation they have accrued, immediately upon termination (not mailed a check later).
An employee who offers at least 72 hours’ notice of quitting must also be paid all their accrued wages and vacation pay when they complete their last day of work.
If an employee quits without giving at least 72 hours’ notice, the employer has 72 hours to pay them from the time of quitting.
Discharging an employee or the employee quitting does not release the employer from paying bonuses, commission, and other non-wage pay, unless this is part of the employment contract.

When Should You Consult with an Employment Attorney About Leaving Your Job or Being Terminated?

As you can see from the questions above, terminating a job or being discharged can get quite complicated and involve a number of federal and state laws. Not all employers obey the law when it comes to firing workers or paying them after they quit. This is why many workers in California choose to work with an employment lawyer, like Employee Law Group.

An employment attorney can make sure your rights are upheld. They can assist with things like:

Timely payment of wages, commissions, and money you are owed
Reviewing separation agreements and severance packages
Deciding if you have a case against an employer for unlawful acts
Helping you get reinstated if you are wrongfully terminated

Do you have questions about a separation agreement or the details of your job termination? If you’re in the Los Angeles area, reach out to Employee Law Group for your free initial consultation by contacting us online or calling the office at 310-407-7358.

6 Essential Insights into I-9 Forms and Employment Verification

Mon, 16 Oct 2023 07:20:15 GMT

What Is Form I-9?

Form I-9 is issued by the United States federal government, and it is required for anyone who is an employee in this country. Employees fill out information that indicates their legal authorization to work in the USA. Employers then review and verify the information.

The I-9 was originally created in 1986 to cut back on the number of illegal workers in the United States. The intention was to direct immigrants through the proper channels to obtain permission to work here.

While the I-9 form may seem punitive to undocumented workers, when used properly, its purpose benefits all workers overall. Being required to verify employment status makes it more difficult for employers to hire workers “under the table,” which often makes them more at risk of workplace abuse, lower pay, and denial of employee rights.

Employees’ I-9 forms must be kept for at least 3 years from the date they were completed. They must be stored in such a way that they are accessible within 3 days should a government inspection take place.

What If an Employer Misclassifies You as an Independent Contractor (No Form I-9)?

If you were not asked by your employer to complete Form I-9 and instead given a W-9 form (or perhaps nothing at all), you have been misclassified. Some employers misclassify employees to get out of paying taxes, unemployment, workers' compensation, benefits, and other expenses.

Misclassifying an employee as an independent contractor also makes it easier for the employer to let someone go without following proper notification requirements, and it can facilitate wrongful termination.

There are standards in California to determine if a worker is an employee or an independent contractor (aka freelancer, self-employed worker, or 1099 worker).

If you think you have been misclassified, you can speak with your employer to see if it was an oversight or error. Otherwise, you may wish to speak with an employment attorney to have your rights upheld.

What Kind of ID Documents Do You Need for Form 1-9?

As mentioned above, employers ask for identification and/or employment authorization documents from employees when they review their 1-9 form. They want to make sure workers fall into one of these categories:

Citizen of the United States
US non-citizen national
Lawful permanent resident
Non-citizen authorized to work

In order to verify an employee’s status, employers request these documents, sometimes individually and sometimes in combination, to confirm both identity and employment authorization:

US passport
Permanent resident card
Alien registration receipt card (form I-551)
Foreign passport containing I-551 stamp or 1-551 visa notation OR form I-94A
Employment authorization document with photograph (form 1-766)
American or Canadian driver’s license or US ID card
School ID card
Voter’s registration card
US military card or draft record
Military dependant’s ID card
US Coast Guard Merchant Mariner card
Native American tribal document
Social Security card valid for employment
Birth certificate from the Department of State or issued by a US State
US Citizen ID card (form I-197)
Resident Citizen ID card (form I-179)
Employment authorization document issued by the Department of Homeland Security

The employer does not need to photocopy any of these documents, unless they participate in E-Verify (see below).

What Is E-Verify?

E-Verify is a website run by the US Department of Homeland Security. The E-Verify website lets employers screen out workers who have either entered the United States illegally or violated immigration laws.

Participation by employers is nearly always voluntary in California, other than for federal contractors and vendors. However, in nine other US States, use of E-Verify is mandatory for all employers.

If your employer photocopies documents for use with the E-Verify system, they must follow these rules:

Photocopies must be kept in a secure location with the I-9 form.
If storing the images in the cloud, the originals should be destroyed and the employer must follow secure online storage protocols .
If they keep photocopied documents for one employee, they must do it for all employees.

Do Independent Contractors Need to Fill Out Form I-9?

Only employees need to fill out an I-9 form. It is not necessary for independent contractors to do this. Instead, they submit a W-9 form to clients so they can later be issued a 1099 form prior to filing their annual tax returns.

Other workers who do not need to complete form I-9 include volunteers or people who receive no compensation for their work and some informal household workers, like casual babysitters.

How Can an Employment Attorney Help with Misclassification and Similar Issues?

Employee misclassification and failure to collect I-9 forms is a violation of the law. Your employer can face stiff financial penalties for doing this. Sometimes misclassification and work authorization infractions accompany other ways of breaking the law, including:

Discrimination
Harassment
Wage theft
Retaliation
Unsafe work conditions
OSHA break violations
Wrongful termination

An employment lawyer, like Employee Law Group , can help you figure out if you have a case and suggest next steps, such as:

Documenting violations and collecting evidence
Filing an official complaint with the state or federal government
Pursuing a lawsuit in court
Starting a class action lawsuit if many employees are involved

Unfortunately, filing a formal claim or initiating a court case may be the only way you get the employer to stop their illegal behavior. The good news is it may result in making the workplace safer for you and others as well as:

Getting the proper employment classification for your job
Being reimbursed for money you are rightfully owed
Restoring your lost job or reputation in your industry

Has your California employer tried to convince you that you are an independent contractor when you should really be an employee? Have you not been asked to complete an I-9 form, or is your employer practicing favoritism, like only photographing documentation from some workers?

If so, Employee Law Group is here to assist you with your situation in the Los Angeles area. An initial consultation is completely free. Call us at 310-606-0065, or get in touch online with your questions.

Understanding California’s New Pay Scale: 5 Major Impacts of the July 1st Minimum Wage Rise

Sun, 01 Oct 2023 08:07:58 GMT

On January 1 of this year, the minimum wage across the entire state of California was raised to $15.50. On January 1, 2024, the minimum wage will go up again to $16.00.

However, cities and counties within California are allowed to set their own wages as long as they’re at or above the state’s minimum wage. As of July 1, many localities raised their minimum wage. What does this mean for you as a worker in California? Read on to learn more about five significant impacts of California’s latest minimum wage law.

1 Local Minimum Wage Increases

As noted above, cities and counties are permitted to set their own minimum wage, provided it’s at least equal to the state of California’s minimum. Starting on July 1, 2023, many places in California did this.

Why pay more than the required state minimum? It helps retain employees and recruit new ones. Workers have a better chance to keep up with the cost of living, especially given recent inflation, when they are paid a decent wage. Some employers pay more than the minimum wage everywhere in order to attract workers.

Below are the changes effective July 1 in California.

2 Posting of Minimum Wage in a Prominent Place

Employers are required to post the minimum wage for their locality in a prominent spot in the workplace where all workers can see it.

If they use the California-wide minimum wage, it should be posted as $15.50 until January 2024, when the rate goes up again. If they use a local variation of the wage according to the chart above, that is the rate that should be posted.

It’s worth noting that employers cannot deny a worker the minimum wage based on their age, race, or other protected status. Also, they must pay all workers the proper minimum wage regardless of their immigration status. Some companies try to get around this by paying employees “under the table” (off the record), but this is illegal.

3 Minimum Wage Increases and Overtime Pay

The minimum wage you are paid affects your overtime pay, as it is based on your regular hourly pay. How does overtime work in California?

Unless you are an exempt employee , the state of California considers a workday eight hours and a workweek six days or less. If you work more than eight hours in a workday or more than 40 hours in a workweek, you should be paid time-and-a-half for the extra time.

For instance, if you make $16.78 per hour in the City of Los Angeles and work 10 hours to help your boss out with a seasonal rush, you have worked two extra hours that deserve overtime pay. For those hours, you should be paid $25.17 per hour.

What if you work a lot of extra overtime in a week, say, if a coworker is out sick and you’re covering for them alongside your own duties?

If you work more than 12 hours in a workday or more than eight hours on the seventh consecutive day of work, you must be paid double time for the extra time.

So, if you put in 14 hours during a super busy day, the time between eight and 12 hours is paid at time-and-a-half. The extra two hours over 12 are paid at twice your wage.

4 Unpaid Wages After July 1

Does your employer owe you money? First of all, unpaid wages are a form of wage theft. You can speak with an employment attorney if you are not being paid appropriately by your employer.

Second, know that any money you are owed for work performed on or after July 1, 2023, must be paid at the new minimum wage if you work in one of the places on the chart above. And any overtime you are due must also be calculated using the new minimum wage.

5 Remote Workers in California

What about remote workers in California? If you are an employee and not an independent contractor (aka 1099 worker or freelancer), you must be paid the minimum wage for the place where you do the work.

That means if your company is headquartered in another state with a lower minimum wage, they still have to pay you the California minimum wage – or the wage for your locale on the chart above if it applies to you. In this case, they don’t get what’s called a choice of law, meaning they can’t decide to use another state’s law to determine your wages.

That brings up another issue: 1099 misclassification. An employer can’t call you an independent contractor when you’re really an employee just to get away with avoiding the minimum wage and coerce you into taking less as a freelancer. In fact, 1099 workers usually make more than the minimum wage per hour because they pay higher taxes and have to shoulder their own expenses like healthcare insurance and office supplies.

How Can an Employment Attorney Help With Minimum Wage Cases?

Are you not being paid the minimum wage? Has your employer not caught up with January 1 or July 1 minimum wage changes? Are you owed back pay or overtime? Have you been misclassified as a 1099 employee?

An employment lawyer like Employee Law Group can help with all these situations and more in the Los Angeles area, including discrimination, harassment, and retaliation.

We can tell you if you have a legal case against your employer and suggest next steps. You may want to file a complaint with the state or pursue a lawsuit to get what’s rightfully yours. In some cases, you may be due penalties and fees on top of back wages.

It costs nothing to have an initial consultation with Employee Law Group. And there are no up-front fees at all; we only take a fee if we recover on your behalf.

To set up your complimentary appointment, call us today at 310-407-7358. Or feel free to reach out any time online to let us know how we can assist you.

"You Can’t Sue, There’s an Arbitration Agreement”: Another Thing the Boss Says That Might Not Be True

Wed, 30 Aug 2023 08:39:59 GMT

California bosses love arbitration agreements. They love them so much that if you work for a private company in the Golden State, odds are 2:1 that you had to sign away your right to sue in court as a requirement to get hired. You might not even have noticed, while you were signing stacks of forms and looking forward to starting your new job.

The Truth About Arbitration Agreements

According to a 2018 study, two out of three private-sector workers in California were required to submit workplace disputes to private, secret arbitration as a term and condition of their employment. They’ll tell you it’s because arbitration tends to be faster and cheaper than litigation in court. Which is generally true.

But the real reason is, arbitration tends to favor employers, who pay the arbitrator and may be repeat customers. Not only do bosses win more often in arbitration, but losses aren’t as costly, since arbitrators tend to give workers smaller money awards than judges and juries do. It seems in arbitration, even when bosses lose, they still win. And since arbitration decisions aren’t generally made public, when the boss loses, nobody is likely to find out.

That’s why Congress passed the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act,” (“EFAA”), 9 U.S.C. §§ 401-402. Signed into law on March 3, 2022, it prevents employers from forcing workers who’ve been sexually assaulted or harassed on the job into arbitration. Part of the reasoning behind the law was that too many bosses were getting sued for sexual harassment and sexual assault at work, but

the cases were going to arbitration, where they were hidden from the public. The process allowed the bosses to avoid having to answer to their workers, customers, and the public for bad behavior, no matter how many times it happened.

The EFAA gives the employee the option to choose arbitration if they want it, but also to void the arbitration agreement and take their case to a public court. The law is so new that its reach and its limits have not yet been fully defined, but a couple of things are coming clear. First, only cases involving harassment, assault, or ongoing retaliation after

March 3, 2022, are covered under the law. Second, it appears from the wording of the law that not only are the harassment and assault claims entitled to a courtroom trial, but the entire case is kept out of arbitration.

But what if you belong to a union, and your union contract says that all workplace disputes have to go through a grievance and arbitration? Don’t you have to follow the grievance process? Depending on your claims, that might be another mistaken belief.

Past Cases

Certain laws grant specific rights to individual employees. Title VII of the Civil Rights Act and the California Fair Employment and Housing Act, or FEHA, give employees the right to have a workplace safe from harassment and discrimination based on race, religion, sex, sexual orientation, and other characteristics that have historically been targets for discrimination. Because those rights belong to the individual, the union

and employer cannot negotiate them away.

Way back in 1974, the US Supreme Court decided a case called Alexander v. Gardner-Denver Co., stating that allowing a union to waive the individual’s rights under Title VII “would defeat the paramount congressional purpose behind Title VII.” The Court explained that the union is obligated to do what’s best for most of its members, even if that means sometimes an individual’s best interests must be sacrificed. Title VII was meant to protect the individual’s rights from majority opinion.

In 1997, a California appeals court looked to the Gardner-Denver decision and followed its reasoning under the FEHA, in the case of Torrez v. Consolidated Freightways Corp . Like the Supreme Court in Gardner-Denver, the Torrez court found that the union’s duty to get the best result for most of its members might motivate it to “sacrifice” one member for the good of the majority, and that would defeat the purpose of the FEHA.

Consider the scenario where a worker votes against a union contract specifically because it forces his civil rights into arbitration, but the majority of union members vote to approve the contract. The worker involuntarily would lose his right to sue in court, because his coworkers—who may not be part of a protected group under FEHA or Title VII—didn’t think it was important. The Torrez court decided that was unfair to the

individual and made the anti-discrimination laws subject to majority approval—which they were meant to protect against.

For nearly 50 years, Gardner-Denver and Torrez have been quietly defending workers’ right to a fair and public trial under federal and state anti-discrimination law. Along with the EFAA, they help make important exceptions to arbitration agreements.

What You Need to Know

If you have faced discrimination, harassment, sexual harassment, or sexual assault on the job, but you’ve been told you can only bring your case through a union grievance procedure or a private arbitration process, you may not be getting the straight story. Contact our talented employment attorneys to find out if you have a right to bring your case in court. We offer a free consultation, where we will listen to your claims and advise you on your best path forward, including how you can:

Keep records of harassment and discrimination
Identify potential witnesses
Maintain a professional demeanor while dealing with your harasser and management
Work with your healthcare professional to manage your stress on the job
Know when to walk away if the stress and harassment become unbearable
Decide whether you should bring a lawsuit to vindicate your rights

Get Help From the Experts at Employee Law Group

Employee Law Group has more than 30 years’ experience in defending workers’ rights, helping them get fair compensation for unlawful abuse in the workplace, and recovering unpaid wages and penalties kept from them by unscrupulous bosses. We would be happy to help you decide what’s best to protect your right to be free from harassment and discrimination on the job.

Same-Sex Harassment Is Sexual Harassment: When Workplace “Jokes” Stop Being Funny

Tue, 15 Aug 2023 08:52:31 GMT

We all know what workplace sexual harassment looks like. An attractive new woman in the office gets propositioned by a male coworker who won’t take “no” for an answer. Or the boss tells her she’d have a better chance of moving up the company ladder if she dressed sexier. Or maybe if she goes away with him for an out-of-state convention, she’ll get that promotion she’s been looking for. Or she can have a raise if she goes to bed with him.

All of those scenarios happen. A lot. Way too often. But sometimes sexual harassment looks very different from what we expect. Sometimes it’s people of the same sex harassing each other, and it’s every bit as unlawful as anything described above.

What Can Sexual Harassment Look Like?

Consider a lesbian going to work in a shop owned by another lesbian. The owner starts giving the employee hugs that feel like something more than just friendly. The employee tell the boss that she feels uncomfortable with the touching and wants to keep everything professional. Suddenly, her hours get cut back. Not as many shifts in a week. Is that sexual harassment? Sure sounds like it could be a pretty good case.

How about a gay man who keeps complimenting his straight, male coworker’s physique, asking him what gym he goes to, telling him how good his pants look. The straight guy politely but clearly tells his gay colleague that he’s not interested in discussing his workouts or his pants, and he just wants to do his job. The gay man accepts the criticism, but responds by continuing to tease the straight guy with exaggerated,

“joking” flattery. Is this sexual harassment? Again, it has all the marks of a legitimate case.

But what about this one:

Three coworkers. All male. Two straight, one gay. For some reason, one starts picking on the gay one, calling him “sissy,” or “queer,” or “fa--ot.” The victim tries not to let it bother him, but the bully is relentless. The homophobic slurs keep coming. “Homo.” “Girly-boy.” The second straight guy complains to the supervisor, saying the teasing is getting out of control, interfering with his ability to do his job. The supervisor says, “You

need to stop being such a queen and get along with your coworkers. It’s just the way guys talk to each other around here.” The bully continues to insult and pick on his victim, but also starts attacking the one who complained, targeting him for abuse for being a “snitch” and a “queer-lover” who’s “just another homo.” Is this sexual harassment?

Well, as anyone who’s ever been a teenage boy will tell you, guys sometimes do talk to each other like that. But guys often do a lot of things that don’t belong in the workplace. Homophobic slurs are definitely one of them.

Obviously, the gay man is being subjected to sexual orientation harassment and has a strong case under the Fair Employment and Housing Act (“FEHA”). But so does the straight man who stood up in his defense.

Past Harassment Cases

In the 2014 case of Taylor v. Nabors Drilling , a California court ruled that a heterosexual male has a sexual harassment claim under FEHA when his sexuality is under attack, even if the attacks aren’t motivated by sexual desire or interest. The use of homophobic slurs to belittle a person are grounds for a sexual harassment claim, regardless of whether the target is gay or straight or somewhere else on the sexuality continuum.

In 2010, another court ruled in the case of Thompson v. City of Monrovia that a person need not be a member of a protected class to receive FEHA’s protection if he or she is targeted for “association with or advocacy on behalf of protected employees.” So by speaking up for his gay colleague, the straight man receives the benefit of FEHA.

And what about the supervisor’s behavior? Rather than trying to solve the problem, he only made it worse, and committed an act of sexual harassment himself.

When confronted with a complaint about harassment or discrimination, bosses have a duty to investigate, and if necessary, intervene on behalf of the victim. In this scenario, the supervisor dismisses the complaint out of hand, slurs the victim, and sends him back to his harasser, who has somehow learned about the complaint and is now retaliating. Let’s take a deeper look at these facts:

Calling the victim a “queen” may be an isolated incident, but in the context of the case, it’s a very hostile act. California is just one of several jurisdictions that consider harassment by a supervisor to be far more serious than harassment by a colleague. As one federal court put it, “a supervisor’s power and authority invests his or her harassing conduct with a particular threatening character.”
A “boys will be boys” attitude toward sexual harassment is unacceptable in any workplace, even when “it’s just the way guys talk to each other around here.” The law requires the employer to make the workplace a tolerable place for everyone, not just those who are willing to play along with whatever bad behavior has been condoned.
By failing to keep the complaint confidential and allowing the bully to target the straight victim, the supervisor has failed to prevent harassment and retaliation. An employer has a duty to take all reasonable steps to keep the workplace safe for people who make complaints about FEHA violations.

The ultimate question is whether the straight man has grounds for a case of sexual harassment based on the bullying targeting him personally with homophobic slurs. In California, the law responds to that question with another question: How would a reasonable person in the victim’s demographic group feel about it? Would the average straight male in his community feel insulted and harassed by the anti-gay epithets? If so, then that is another strong case of sexual harassment.

Looking at these different scenarios, we can see many different ways that bad behavior crosses the line from merely unseemly to unlawful. Sexual harassment on the job takes many different forms, and it’s not always what we would expect. But as society’s attitudes towards sex, sexuality, and workers’ rights have changed, the law has adapted—slowly but surely—to make us all safer and more comfortable in our workplace.

Employee Law Group is On Your Side

If you feel you’ve been harassed at work based on your sex or sexuality, call our experienced employment attorneys at Employee Law Group. We have more than 30 years’ experience helping workers like you vindicate their rights and be compensated for the harm done by offensive sexual misconduct at work.

You need to know what steps to take, right away. Like collecting evidence to back up your claims, making complaints in writing, identifying potential witnesses, dealing with HR, seeking psychological help if necessary, leaving the job if the harassment is too much to bear, seeking your remedy without filing a lawsuit, or taking that important step if necessary to get the justice that you deserve.

We offer a free consultation to help you determine your best path forward. You have rights. We’re here to help you fight for them.

Know Your Rights Without Breaking the Bank: Exploring Attorney Fees and Employment Law

Wed, 02 Aug 2023 09:02:11 GMT

Have you recently seen a case on the news where a worker took their employer to court for something like wage theft or discrimination? You might have wondered how to pay for an employment lawyer if you want to also pursue a lawsuit against your employer or former employer.

Keep reading because you’ll see there’s good news for you. Learn how employment attorney fees work, how fee shifting gives you an advantage, and why you have nothing to lose with a free initial consultation about your case.

Why Workers Are Worried About Employment Attorney Fees

Being reluctant to consult an attorney about a possible employment violation is a legitimate concern. Many workers today are barely squeaking by. And if you’re already financially hurt by stolen wages, wrongful termination, or a missing bonus payment, where’s the money for a lawyer going to come from?

Maybe your complaint doesn’t even involve that much money. Say you believe you are owed a few hundred dollars in unpaid commission. How does hiring a lawyer for potentially thousands of dollars make sense? Sure, you want the money that’s owed you, but you don’t want to lose money in the process.

What Is Fee Shifting and How Does It Help You?

This is where fee shifting can really give you the edge. What is fee shifting?

Fee shifting happens in some California lawsuits, like many of those we pursue at Employee Law Group. Instead of each side paying their own attorneys’ fees, the employer pays the worker’s lawyer’s fees if they are found liable in the case, in addition to any back pay, damages, penalties, and the like.

You would think the threat of fee shifting alone would keep employers from trying to cheat or mistreat their workers. But unfortunately, we still see plenty of cases where bosses try to get away with illegal practices — and ultimately pay for it.

Does Fee Shifting Apply to Your Case?

As mentioned above, fee shifting applies to many of the cases we tackle at Employee Law Group. Have you experienced any of these problems listed below?

Failure to provide required meal and rest breaks

Unless you’re an exempt employee, you should get three breaks during regular work time:

10-minute rest break for the first 4 hours
10-minute rest break during the last 4 hours
30 minutes for lunch

You should not have to do any work or even be interrupted during these breaks.

If you don’t get your proper break, you should be compensated one hour’s pay for a missed rest break and one hour’s pay for a missed lunch.

Unpaid wages

Unpaid wages can include many forms of compensation, such as:

Regular wages
Salary
Bonuses
Commission
Overtime
Benefits
Other compensation that counts as wages

If you go to court and win in order to recover unpaid wages, your employer pays your attorney fees.

Unpaid work-related reimbursable expenses

Imagine your boss asks you to go on some work errands for the company. You’re asked to drive your own car — which requires filling up the gas tank — to pick up coffee supplies for the break room as well as paper for the copy machine and printer ink.

Your boss says, “Don’t worry, I’ll pay you back at the end of the week.” But when Friday comes, you’re told it will have to wait or, worse, “I don’t recall telling you we’d pay for those things.” You should be able to get reimbursed, and your boss should be stuck with your legal bill.

Discrimination, harassment, and retaliation

There are many protected classes in California , including:

Race
Religion
Age
Sexual orientation
National origin
Pregnancy status
Disability

If you are treated differently in a negative way because of one of these, that’s discrimination.

Harassment is when you are made to feel uncomfortable at work. It may be sexual harassment or other forms of badgering, inappropriate contact, or jokes at your expense. Sometimes discrimination and harassment go hand in hand.

If you speak out, you may face retaliation — punishment for exposing workplace wrongdoings. You could be denied a promotion, given bad hours as a punishment, or even wrongfully fired.

What You Can Do to Help Your Employment Attorney Make a Strong Case

You increase your chances of a favorable outcome in court — including fee shifting — if you help your employment lawyer make the strongest case possible against your employer or former employer.

The most important thing we can tell you as legal experts in the employment field is to document as much as possible. It makes it much easier to prove your case in court when you have the evidence of your employer’s wrongdoing or at least your employment contract that lays out the terms of your work and compensation.

Here are some common places where documentation will really help you:

Work hours - Keep copies of your timesheets or time cards, as well as any correspondence related to these, like emails from your boss. Make notes on your own if you’re being asked to work through lunch or breaks.
Discrimination or harassment - Again, keep any emails, texts, memos, or other correspondence that show you’ve been the target of discrimination or harassment. Write down the names of other employees who have either experienced the same thing or witnessed your employer not treating you right.
Expenses - Keep receipts for anything you purchase or rent for work purposes, like office supplies, electronic devices, gas, rental cars, or meals for clients. Hang onto any documents asking you to purchase these things or promising to reimburse you for them.

It’s best if you keep this documentation at home. If you lose your job or access to your work computer, you’ll still have this evidence.

Your First Consultation Is Free at Employee Law Group

You don’t pay anything for an initial meeting at Employee Law Group to see if you have a case against your employer. You can decide whether or not to move forward once you have a better idea of where you stand.

Even better, if you ask, “What does it cost to hire a lawyer to take my boss to court?” our answer will always be, “Nothing, unless we recover on your behalf.”

Ready to see if you are entitled to money in unpaid wages or damages from your employer in the Los Angeles area? Call Employee Law Group today at 310-606-0065, or reach out online with your questions.

The Silent Robbery: How Wage Theft is Stealing Workers' Hard-Earned Money

Mon, 17 Jul 2023 09:09:56 GMT

Wage theft happens every day all over the United States, including in the state of California, which has explicit laws against it. Do you suspect your employer is stealing money from you by not paying you fully for time worked? Are you an independent contractor (1099 worker, aka freelancer) whose client paid you by check…that then bounced when you deposited it in your bank account?

Read on to learn all the different ways wage theft can happen and what you can do about it. You may wish to partner with an employment attorney to get money you are rightfully owed and to put a stop to your employer’s wage theft practices.

What Is Wage Theft?

Wage theft is not paying an employee or independent contractor money they have earned through work. This includes regular wages, commissions, bonuses, tips, overtime pay, and even benefits.

Some common forms of wage theft include:

Not paying you for all the hours you work
Not compensating you for overtime hours worked
Paying you late or with a check that fails to clear
Refusing to pay your sick pay or other PTO
Failing to pay commissions or bonuses as contracted
Keeping some or all of your tips
Making unauthorized deductions from your paycheck
Refusing to compensate you for reimbursable expenses
Failing to pay the legal minimum wage in California

This theft keeps workers like you from being able to meet their financial responsibilities, like paying rent or a mortgage, utility bills, insurance, food, and family expenses.

In some cases, the wage theft in question is not a huge amount of money lost on a daily basis, but it adds up over time. If you work full time, shorting you just $5.00 a day turns into $1,300 per year! What could you do with that money?

How Employers Try to Get Away with Wage Theft

Greedy employers have multiple sneaky ways of engaging in wage theft. It’s not unusual to see these ways of cheating workers:

Having you work off the clock, such as not paying you to show up early for work or for transportation time between job sites
Making you stay late to finish work or perform other tasks while not paying you for the extra hours
Making you clock out during what is supposed to be a paid lunch break
Forcing you to record the wrong hours on your timesheet in order to make it look like you’re working less than you are
Manipulating or falsifying time records to reduce the number of hours worked
Changing commission or bonus rules in the middle of the time period for which they apply
Not honoring work contracts that stipulate the payment of bonuses or commission
Firing employees to get out of paying their final paycheck or bonus/commission payment
Making you pay for items that should be paid for by the employer, such as electronics or mileage when you use your personal vehicle for work

The worst employers often intimidate employees in an attempt to keep them from speaking up about wage theft. They may threaten termination, blacklisting in your industry, or reporting your immigration status to the authorities. However, you should know that you can file a wage theft complaint in California regardless of your immigration status. You shouldn’t let your status scare you into not pursuing money that is owed to you.

If wage theft is rampant in the company, or if large amounts of money are at stake, an employer may resort to whistleblower retaliation against those who speak up. This includes the threats mentioned above, as well as menacing employees outside work or frightening their family members.

Is Wage Theft a Crime?

Yes! Wage theft is a crime, and it’s a major problem for workers in California. Multiple state agencies are involved in the investigation and prosecution of wage theft, including:

County sheriff’s department
University labor centers
Los Angeles County District Attorney
California Department of Industrial Relations

About a third of all workers in the state are paid less than the legal minimum wage. Wage theft adds up to millions of dollars every week in California and over a billion dollars each year.

Does California Law Protect Workers from Wage Theft?

California has taken steps to make wage theft a crime and to further codify egregious wage theft. As of last year, wage theft can actually be considered grand theft if during a 12-month period either of the following criteria is met:

Wage theft is greater than $950 for a single employee
Wage theft is greater than $2,350 for two or more employees

Wage theft in these incidents is defined by sections 200 and 350 of the California Labor Code.

Employers who are accused of wage theft can now be charged with a misdemeanor or, more seriously, a felony. This can mean a year in jail for a misdemeanor conviction or up to three years in jail for felony conviction.

Not only that, employers found guilty of wage theft are fined and must repay stolen wages. A property lien can be placed against workplaces that still refuse to pay.

How an Employment Attorney Can Help with Wage Theft

You can certainly file a wage theft claim on your own in California via the Labor Commissioner’s office. They will investigate and, if necessary, join forces with other agencies to press charges against employers suspected of wage theft.

However, the state government frequently takes more than the allotted 135 days to investigate wage theft complaints. Manpower shortages, budget constraints, and residual effects of the coronavirus pandemic mean cases often take far longer than that.

Therefore, many workers who have been victims of wage theft elect to work with an employment lawyer. This lets them file civil charges against their employers (taking them to court), meaning their cases progress at a much faster pace. Sometimes just the idea of a lawsuit and a strong letter from an attorney is enough to get employers or clients to pay up.

If you do decide that pursuing criminal charges is right for your situation, an employment attorney can still help you file the complicated paperwork, making sure you’ve done it correctly and on time. There is a statute of limitations involved that imposes a deadline on filing wage theft complaints.

In many instances, there are other issues at stake than wage theft alone. You may also be dealing with wrongful termination, bad references, discrimination, or retaliation and be owed more than solely back wages. An experienced employment attorney, like Dave at Employee Law Group, can help you untangle your unique case so your rights are upheld and you have the best chance of getting everything you are owed.

It costs nothing to explore your case with Employee Law Group because your first consultation is free. You can see if you indeed have a case and what your options are moving forward.

Don’t let a greedy employer or client get away with wage theft when you have options. Call Employee Law Group if you’re in the Los Angeles area at 310-606-0065, or contact us online to let us know how we can help.

Don't Face Workplace Challenges Alone: Ask a Lawyer for Expert Legal Advice

Wed, 28 Jun 2023 09:21:50 GMT

Even with all the laws in place to protect workers in California, there are hundreds of ways employers try to take advantage of them. In many cases, these employers are even breaking the law. You don’t have to feel alone, though, when it comes to workplace problems. Here are some of the most common workplace legal challenges and how an employment attorney can help you navigate them.

Common Workplace Legal Challenges

Work Break Violations

In the state of California, employees must be given the following work breaks :

Uninterrupted 30 minutes for a meal when working more than 5 hours in a day (doesn’t have to be paid)
Additional 30 minutes for working over 12 hours in a day (unpaid)
10 minutes of paid rest for every 4 hours worked

Many employers try to get away with not giving workers these required breaks by scheduling work through lunchtime, or worse, making them clock out as if they were getting breaks but actually forcing them to keep working.

Unpaid Wages, Bonuses, Commissions, and Severance Pay

There are many forms of unpaid compensation. You might be shorted hours on your weekly timesheet, or your pay may not be calculated according to your work contract. One of the most common problems we see is employees who are not paid for overtime. Another issue we hear frequently is workers who don’t get the required minimum wage for California.

Some unscrupulous employers try to get out of paying bonuses or commissions by changing the rules in the middle of the calculation period or by firing workers right before they’re due to receive their money. Failing to pay severance is another common violation; while severance isn’t always legally required, it may be under certain circumstances or if it is in a written work agreement.

Discrimination

Discrimination is treating people differently because of various characteristics, including:

Race
Religion
Age
Gender
Orientation
Pregnancy
Disability

These are all protected classes in California , meaning it is illegal for employers to treat you badly because you fall into one or more of these categories. You can file official complaints with the government if you have been discriminated against as an employee or job candidate, and you can even take the employer to court.

In many instances, you could be owed back pay, a promotion, or damages for pain and suffering. Your employer might be forced to, for example, allow you to take time off work for medical appointments if you are pregnant or make reasonable accommodations for your disability.

Wrongful Termination

Wrongful termination is firing someone for inappropriate reasons. It might be due to discrimination, as described above, or it could be to avoid paying a commission or a bonus. There are many reasons why severing someone’s employment could be unlawful. If it happens to you, you might be entitled to your job back or financial restitution, as well as good references, if you decide getting your job back isn’t what you want.

Harassment

There are many types of harassment in the workplace, and this problem often overlaps with other workplace employer violations. One of the most common forms of harassment is sexual harassment, which can occur between men and women, men and men, or women and women.

There are two basic types of sexual harassment:

Quid pro quo, where someone offers you a benefit or threatens not to do something bad if you do something in return, like date the boss or allow a manager to touch you inappropriately
Creating a hostile work environment, where serious and/or pervasive harassment makes you want to quit or transfer to a different department

Employee Misclassification

If you should really be an employee in the eyes of the IRS but your workplace says you’re an independent contractor (aka freelancer or 1099 worker), this is known as employee misclassification. Why do companies misclassify their workers? It’s almost always to save money.

Businesses don’t need to pay taxes, benefits, unemployment, workers comp, and other expenses when a worker is an independent contractor. But it’s cheating you out of money, perks, and protections to which you are rightfully entitled if you are actually an employee, not a freelancer.

Whistleblower Retaliation

If you “blow the whistle” on workplace wrongs, they might try to get revenge by withholding compensation, firing you, or blacklisting you in your industry. This is known as whistleblower retaliation, and it’s against the law.

Things workplaces don’t want exposed that often lead to whistleblower retaliation include:

Unsafe work conditions
Unpaid compensation
Not providing proper work breaks
Discrimination
Harassment

Illegal actions or criminal activity

Have you ever tried to bring any of these things to someone’s attention, only to have your employer threaten your job status or make you feel unsafe?

You’re Not Alone When It Comes to Workplace Problems

We often hear that people believe they’re the only ones going through a workplace crisis. But thousands of workers just like you experience these problems every day.

One of the reasons people facing workplace issues feel alone is that their work environments often support a toxic culture, especially if problems originate at the top of the hierarchy. Managers and coworkers may be afraid for their own jobs if they speak up. Or they may participate in abusive behavior, engaging in denial, gaslighting, and coverups.

That’s why many workers turn to an employment attorney for help. When you feel like you don’t know what’s going on and your family or friends don’t get it, a lawyer who specializes in workplace cases can be a grounding force.

How an Employment Lawyer Can Help You

An employment attorney like David at Employee Law Group offers many services that can assist you with workplace challenges, including:

Assessing your unique situation to see if you have a case
Educating you about California employment law
Advising you about how to proceed with documentation, confronting an employer, etc.
Helping you fill out paperwork for formal government complaints
Representing you in court to protect your rights and help you get any financial compensation that’s owed to you

In addition to not having the knowledge of the law that we do, you probably don’t have the resources and time to pursue evidence, investigations, and court filings. We can follow up on those things for you so you can live your life.

Do you have a workplace challenge that you’ve been dealing with alone? Don’t suffer in silence or feel like you don’t have someone on your side. Call Employee Law Group at 310-606-0065, or get in touch online to let us know how we can help. Your first consultation is absolutely free.

Speaking Up Safely: Tips and Advice for Addressing Workplace Sexual Harassment

Thu, 15 Jun 2023 09:33:02 GMT

Do you think you might have experienced workplace sexual harassment in California? If so, you’re not alone. It can be difficult to know what to do in this situation. Here are some tips for addressing the issue safely and how an employment lawyer can help in many cases.

What Is Considered Sexual Harassment?

Sexual harassment is when someone at work directs unwelcome, sexual advances towards you. In many cases, this is a boss or manager, but it could also be:

Owners of the company
Coworkers
People who report to you
Clients or customers
Vendors
Other work associates

You might not even work for the company yet. Some sexual harassment incidents occur during the hiring process.

Sexual harassment can be between people of any gender. Men can harass women and vice versa. The harassment can also be directed at one gender from someone of the same gender. It doesn’t have to be based on sexual desire, as in flirting; sexual harassment can take the form of bullying or making someone uncomfortable, including harassing them about their gender identity or pregnancy.

Harassment can be physical, written, spoken, or any combination of those three things.

In the eyes of the law, sexual harassment is typically broken down into two main types: quid pro quo sexual harassment and sexual harassment that creates a hostile work environment.

Quid Pro Quo Sexual Harassment

With quid pro quo sexual harassment, someone — usually a person in power — demands sexual favors in return for workplace benefit. For example, a boss might tell someone who works for them that they’ll get a promotion if they go out on a date.

We’re not talking about two people who give mutual consent to see each other outside the office romantically. Rather, it’s a case where it was clear that the benefit in question was contingent on the terms of the harassment, and harm was caused to the employee by the harassing party in the workplace.

Does a harasser at work need to follow through on their threats in order for it to be considered quid pro quo harassment? Not necessarily. Sometimes just the implication that you might be fired or receive bad working hours can create a hostile work environment.

Sexual Harassment Creating a Hostile Work Environment

A boss, customer, or coworker who makes for a hostile work environment can be a tough case to prove. Harassment can’t just be isolated or trivial — it has to make the workplace toxic by pervasive and/or severe conduct. This could be constant remarks or unwelcome touching that would make any reasonable person want to transfer or quit. It might be a scenario where the presence of pornography makes a worker uncomfortable, and it’s so omnipresent that it’s unavoidable.

Is Workplace Sexual Harassment Common?

Unfortunately, workplace sexual harassment is common, even though it’s against the law and it costs many businesses good employees. If you believe you’ve been a victim or target of sexual harassment, it might help you to consider these statistics:

More than a third of all women and 14 percent of men have reported sexual harassment at work as of 2019.
In some industries, nearly 90 percent of women say they have experienced sexual harassment.
More than half of women say they have received unwanted sexual attention or been the recipient of similar behaviors that border on the legal definition of sexual harassment.
The US Equal Opportunity Employment Commission (EEOC) states that between 2018 and 2021, they received 27,291 allegations of workplace sexual harassment. Just over 78 percent of those allegations came from women.

Sexual harassment isn’t a minor concern or something that can be laughed off. For some people, it results in serious psychological damage, like post-traumatic stress disorder (PTSD). Other people suffer from ongoing physical repercussions, like gastric problems, difficulty sleeping, headaches, and weight issues.

Toxic workplaces can affect all employees, not just the ones who have been targeted by sexual harassment. If the problem is widespread, it can reduce productivity and employee retention and recruitment.

What Should You Do If You Are Being Sexually Harassed at Work?

Your first concern with sexual harassment at work should be for your own safety. Never hesitate to call 911 if you are in a situation that threatens your life or health. Report any physical attacks to your local police, and see a healthcare provider if necessary. Crisis hotlines like 800-656-HOPE (4673) are there if you need advice or someone to talk to.

For other incidents of sexual harassment, you will need to use your judgment and proceed accordingly. Is it possible that the other party isn’t aware their advances or comments are actually sexual harassment? Sometimes telling them that can stop the behavior. You might also remind your employer that if there are five or more employees, the state of California requires the business to conduct regular sexual harassment training to make people aware of what is considered harassment.

In most cases — especially if you ask someone to stop sexually harassing you and they don’t — you should report the harassment to your employer through the channels available to you, like going to a manager or HR. In many instances, the company is strictly liable if a boss is harassing someone who works beneath them and they know about the situation yet do nothing. Sometimes this risk is enough to get the company to take action against the harasser.

You’ll want to provide as much documentation as possible, whether that’s hanging on to text messages and emails or asking coworkers to bear witness to your harassment. Some sexual harassment cases are challenging to prove, so the more you can document intent and damage, the better.

If your boss or company refuses to address the harassment, you have the right to file a complaint with either the California Civil Rights Department (CRD) or the EEOC. If you file with one agency, your complaint will automatically be cross-filed with the other. Typically an investigation is then launched, which can eventually result in mediation or a lawsuit.

How Can an Employment Attorney Help with Workplace Sexual Harassment?

If you get to the point where you are documenting evidence of workplace sexual harassment or filing an official complaint, you may also wish to enlist the help of an employment lawyer. They can help in many areas, such as:

Advising you on whether you have a case of sexual harassment
Educating you about California laws regarding harassment so you know your rights
Making suggestions for how to document your case
Helping you fill out complaint forms for the CRD or EEOC
Assisting you with getting a right-to-sue notice before an official investigation is completed
Filing a lawsuit to pursue the matter in court

As you may have figured by reading the material above, proving sexual harassment can sometimes be tricky, so you want to work with someone who is experienced in this arena and knows California law.

Also, there can be cases where sexual harassment overlaps with other workplace violations, including whistleblower retaliation, unpaid wages, wrongful termination, or discrimination. You may be entitled to:

A promotion you were denied
Return to your job if you were fired
Back pay, including unpaid commissions or bonuses
Restoration of your reputation or references
Money for pain, suffering, and mental anguish
Court costs, attorney’s fees, and related expenses

Employee Law Group brings you decades of experience handling sexual harassment cases, and we have the resources to help you while you try to get back to normal life after an incident of harassment. We can represent you in court or help you negotiate a settlement based on your unique situation.

It costs nothing to discuss your workplace sexual harassment case, as your first consultation with Employee Law Group is free. Call us at 310-606-0065 or reach out online today to set up an appointment.

What You Need to Know About Workplace Bonuses

Mon, 24 Apr 2023 10:39:45 GMT

Workplace bonuses are often a source of contention between employers and employees. Here’s what you need to know about workplace bonuses, including what to do if you have an unpaid bonus and how an employment attorney can help you get the money owed to you.

What Is a Workplace Bonus?

A bonus is money your employer pays to you above and beyond your regular salary or hourly wages. Sometimes bonuses overlap with a commission, and sometimes they are an extra surprise paid by an employer for outstanding performance or to thank workers at holiday time.

What Are the Two Main Kinds of Workplace Bonuses?

Discretionary bonuses

A bonus paid as a thank you or holiday gift is what is known as a discretionary bonus. This means your employer is not obligated to pay it. Instead, they give employees the money as a show of appreciation or to share profits after a fruitful period.

Non-discretionary bonuses

There is another type of bonus called a non-discretionary bonus . This bonus is contractually owed to employees and may be considered a kind of commission.

Non-discretionary bonuses are commonly awarded to salespeople and others whose job it is to develop new business, land clients, or create billable hours for the company. They can be tied to various metrics, such as:

Total volume of sales
Increase in sales volume
New accounts brought to the company
Closing a major deal
Completing a certain number of pieces
Good attendance
Meeting safety standards
Producing work of good quality or accuracy

For instance, many pharmaceutical and medical device representatives are paid quarterly bonuses based on their sales. If they exceed a certain dollar volume in sales, or if their sales increase by a predetermined percentage over three months, they get a bonus check in addition to their salary.

Often non-discretionary bonuses are tiered, meaning there are different bonus payouts based on meeting various sales goals. Bonuses may also be capped or uncapped. A capped bonus has an upper limit, which is the maximum an employee can earn. An uncapped bonus has no limit, so it is paid out based on a formula that can be calculated at any level, no matter how high the employee’s sales go.

Bonuses are not limited to the pharma and biotech world. You’ll commonly see non-discretionary bonuses in these fields, along with many others:

Recruiting
Beauty and cosmetic product sales
Investments and financial planning
Legal services
Real estate

What About Signing Bonuses?

Some companies pay signing bonuses, which are a third type of bonus that can be a subcategory of non-discretionary bonuses. This is money paid to employees when they agree to work for a company as a kind of recruitment incentive. It’s frequently seen in professions where hiring is competitive or staffing is short, like in healthcare.

Signing bonuses are included in the employment contract and can be structured in several different ways. They may be paid upfront in a lump sum, or they may be paid in increments over time. Sometimes the bonus is paid in stock options. The employee must remain with the employer for a certain amount of time; otherwise, the signing bonus might have to be repaid either all or in part (known as a clawback), depending on whether it is prorated.

How Some Employers Try to Get Out of Paying Non-Discretionary Bonuses

Unfortunately, some employers attempt to dodge paying non-discretionary bonuses using a variety of different nefarious tactics, including:

Terminating an employee before their bonus is paid
Refusing to pay a bonus to an employee who engages in whistleblowing or raises uncomfortable issues with management (discrimination, harassment, etc.)
Changing the bonus rules or formula in the middle of the payment period
Delaying payment of bonuses beyond what was in the employment contract
Not paying bonuses to people who leave the company voluntarily, even if they have been rightfully earned
Cheating workers out of bonuses to reduce their overtime pay, which is based on both their hourly rate and any bonus payments

What Steps Can You Take If Your Employer Owes You a Bonus?

As long as you feel it is safe to do so, you should first speak to your employer or former employer if you feel you are owed an unpaid bonus. Have your ducks in a row, so to speak, with as much documentation as you can gather, such as:

Your employment agreement from when you were hired
Any paperwork related to bonus payouts, percentages, formulas, etc.
Information showing data related to a promised bonus, like sales figures or communications between you and a new client
Payroll records, like deposit slips and check stubs

Stay calm and make your case. There could have been an error in calculating your bonus, or you may have misunderstood when the bonus was supposed to be paid. However, if you and your employer still disagree about the bonus after discussing it, you may have to take more formal steps.

In California, an unpaid non-discretionary bonus may be considered wage theft. But it can be tricky to prove this, and filing a complaint with the state can be complicated and take a long time to resolve. That’s why many workers turn to an employment attorney for help.

How an Employment Attorney Can Assist You With an Unpaid Bonus

An employment attorney, like the team at Employee Law Group , can help you decide if you indeed have an unpaid non-discretionary bonus and if it likely constitutes wage theft. They can also assist you with other related details of your case, such as if additional workplace violations were committed. Perhaps you were denied a bonus and have been the target of pregnancy or disability discrimination. Or maybe you exposed workplace safety issues, and not paying you your bonus is a form of whistleblower retaliation, which is against the law.

If you want to open an investigation, an employment lawyer can help you file any required paperwork for a claim with the State of California Department of Industrial Relations . In fact, a state complaint and investigation are sometimes necessary before you can take your employer to court.

If you decide to sue your employer, Employee Law Group can represent you, helping you initiate a lawsuit, representing you in court, and ensuring that your rights are protected. You may be owed more than just your bonus, and we can make certain everything you are due is awarded to you should the case go in your favor.

Exploring your options regarding an unpaid bonus doesn’t cost anything since Employee Law Group offers a free initial consultation. Call us today at 310-407-7358, or use our online contact form to tell us about your situation.

The 1099 Misclassification: What It Is and How to Avoid It

Thu, 30 Mar 2023 09:42:28 GMT

You’ve probably heard a lot about 1099 workers over the last decade, especially since the pandemic. With so many people working for themselves, a new legal problem has cropped up. Here’s what you need to know about 1099 misclassification, in case you too have a case. Once you read through the information here, you’ll see why so many workers consult an employment lawyer when they feel they’ve been misclassified.

What Is 1099 Misclassification?

If you’re an independent contractor (freelancer) in the United States, you’re what’s known as a 1099 worker. The name comes from the 1099 form clients send to the IRS to report earnings.

When 1099 misclassification occurs, a company says that a worker is an independent contractor when they’re really an employee (a W2 worker) in the eyes of the law. You’ll see below why this happens so often and how 1099 misclassification is determined.

What Are the Motives Behind 1099 Misclassification?

Pure greed is why most companies misclassify workers who should be employees as independent contractors. When a worker is not an employee but a freelancer, their employer doesn’t have to pay payroll taxes, such as Social Security, nor do they have to pay minimum wage or overtime.

Workers get no paid sick or vacation time, and they are not entitled to family leave. Health insurance? Nope, workers don’t get that either. All of this lets companies make more money by reducing their overhead and increasing their profit margins.

If that weren’t bad enough, employers who misclassify workers as 1099 contractors can get away with not providing the meal and rest breaks that they have to give employees. They may also not be subject to the same laws as other companies regarding workplace safety. There are usually no HR departments either, so workers have no one to go to if there are issues about job performance, discrimination, or harassment.

Does 1099 Misclassification Really Matter? Yes!

Although it’s easy to shrug off 1099 misclassification as just IRS bureaucracy, it hurts workers in multiple ways:

Independent contractors pay higher taxes.
Freelancers generally make less money because they aren’t given overtime pay and might not even make the minimum wage otherwise required by the state.
Workers paid on a 1099 basis have no protection against many types of workplace violations, nor are they guaranteed proper meals and breaks.
Independent contractors miss out on many perks given to employees, such as paid time off, retirement accounts, pensions, and health insurance.
If you’re injured on the job, there is no workers compensation to pay for medical care for independent contractors.
Only employees can file for unemployment if they’re laid off, not 1099 workers.
Freelancers cannot form a union for stronger workplace protections.

Why Is 1099 Misclassification Even More Confusing in California?

The California state legislature tried to reduce incidents of 1099 misclassification. A few years ago, they passed Assembly Bill 5, also known as AB 5. Some other states have passed similar bills, and the United States Congress has proposed a national version called the PRO Act that so far can’t get passed in the Senate.

Inspiring AB 5 were the numerous rideshare businesses that had independent contractors driving cars for companies like Uber and Lyft. It was felt that those workers should really be considered employees to give them better protection and compensation on the job. Many drivers wanted to unionize, adding further impetus to the bill.

However, AB 5 caught many professions in its net who actually did not want to be considered employees. Journalists who write frequently for certain publications, for example, consider those newspapers and magazines clients not employers.

Making them employers opens up a whole new can of worms. For instance, if a report writes for five different magazines, which one pays for the worker’s benefits? Could a publication suddenly start dictating a worker’s hours or workplace location? Some freelancers like working for themselves for the freedom it brings.

The Crux of AB 5: The ABC Test

To determine whether or not a worker is an employee or a contractor, AB 5 uses what’s called the “ABC test.” You are considered to be an employee unless you meet all of these criteria:

The worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact;
The worker performs work that is outside the usual course of the hiring entity’s business; and
The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed.

The Status of AB 5 and 1099 Misclassification Today

The particulars of AB 5 have been argued in court over the last several years in various industries. Amendments have provided exemptions or easing of the strict rules set forth in the ABC test for some professions.

At the moment, a court ruling recently decided that rideshare companies do not need to consider their drivers as employees and may continue to treat them as independent contractors, in spite of AB 5. But that doesn’t let other employers off the hook.

Many industries abuse 1099 misclassification, including e-commerce hiring of customer service and call center workers, recruiting, computer, and IT, and finance and accounting.

Are you someone who feels you should be an employee yet have been forced to file a W9 to receive a 1099 form saying you’re an independent contractor?

Can an Employment Attorney Help with 1099 Misclassification?

As you might guess after reading the information above, if you’re in California, it can be tricky to know if you’ve been a victim of 1099 misclassification. That’s why many workers consult with an employment attorney, who can help them wade through the fine print and decide what to do next, including pursuing the matter in court.

If you’ve been misclassified, it’s not just a matter of setting the matter straight with the IRS. You may be entitled to unpaid wages and overtime, unpaid meal and rest breaks, and penalties and interest.

At Employee Law Group , we bring over 25 years of experience and the resources you need to have your rights protected as a worker. It’s free to find out if you have a 1099 misclassification case because our first consultation is complimentary. Call us at 310-407-7358 today or get in touch online to set up your appointment.

Disability discrimination

Tue, 21 Mar 2023 10:53:06 GMT

Disability discrimination is unfortunately one of the most common types of intolerance in the workplace. There are many ways employers knowingly and unknowingly discriminate against people with disabilities, and there are many different types of disabilities that make people targets for this behavior. Here’s what you should know about workplace disability discrimination in California and how an employment attorney can help if you’ve experienced this harmful prejudice.

What Is the Definition of Disability Discrimination?

Treating someone differently at work due to a physical disability, mental disability, or medical condition is considered disability discrimination. This form of discrimination can have many negative consequences, from emotional isolation to reduced income or even job loss.

Among people with various disabilities, the workplace is often cited as the place where the most discrimination occurs. One report found that 90 percent of all people with disabilities had undergone some type of workplace discrimination, even after the passing of federal laws to protect them, which we discuss below. This makes people reluctant to share information about their disabilities with colleagues or managers. Many people also suffer from retaliation if they raise the issue of disability discrimination that they have experienced.

How Do Employers Commonly Discriminate Against People With Disabilities?

There are multiple ways employers practice disability discrimination. Have you experienced any of these?

Being fired for having a disability
Not being considered for a job for which you’re qualified due to a disability
Being let go once management finds out you have someone in your household with a disability
Receiving less pay than non-disabled workers for performing the same job
Being denied rightful overtime, commission, or bonuses
Retaliation for whistleblowing about discriminatory acts at your workplace
Not getting a promotion you deserve because of a disability
Having your job duties changed after you were hired, even though your boss knows they are not physically possible due to your disability
Not being allowed to take time off for medical care related to your disability
Management or coworker harassment about your disability, including offensive humor, even if the person doesn’t realize they’re being discriminatory
Not receiving reasonable accommodations for your disability, like accessible washrooms or building entrances

Some employers use a sneaky technique known as “managing someone out” or “constructive termination” to try to force someone with a disability out of their job. They make the position so unpleasant or arduous that the employee feels compelled to quit.

Are There Laws Against Disability Discrimination in California?

It’s sad to think that so much disability discrimination occurs in spite of there being both federal and state laws against it. Most famously, the ADA or Americans with Disabilities Act from 1990 and strengthened in 2008 makes disability discrimination illegal. Prior to that piece of legislation, the Fair Employment and Housing Act (FEHA) of 1974 made workplace discrimination unlawful in California, including discrimination against those with disabilities.

What Is Considered a Disability?

The list of disabilities protected by the ADA is constantly growing, as people become more knowledgeable about different health conditions and physical challenges. Some of the most common disabilities covered by the ADA include:

Autism
Bipolar disorder
Blindness
Cancer
Cerebral palsy
Deafness
Diabetes
Epilepsy
HIV infection
Intellectual disabilities
Major depressive disorder
Mobility impairments requiring the use of a wheelchair
Multiple sclerosis
Muscular dystrophy
Obsessive-compulsive disorder
Partial or completely missing limbs
Post-traumatic stress disorder
Schizophrenia

Pregnancy and the postpartum period may also be considered a disability when it comes to requiring employers to allow time off for medical care and birth and to provide reasonable workplace accommodations. Reasonable workplace accommodations for pregnancy include things like giving a worker the option to sit instead of stand, not making the worker lift heavy items, and providing a private space to those who are nursing for pumping breast milk.

What Should You Do if You Have Experienced Disability Discrimination in Los Angeles?

If you believe you have been discriminated against at work, it’s important to document everything as carefully as possible. Make copies of any emails, text messages, or other written communication, and keep them in a file at home, in case you should suddenly lose access to your workplace.

If you don’t feel comfortable talking to your employer about the situation, you may have to take more drastic steps, especially if the discrimination is affecting your income or job status. You may choose to file a formal complaint with the state’s Civil Rights Department (CRD). They will conduct an investigation or give you the opportunity to obtain a right-to-sue notice if you prefer to pursue the matter in court. Many people take the second route because the CRD is frequently overwhelmed with investigations into all kinds of discrimination, and there is also the possibility they may not find in your favor after waiting for months for a resolution.

How Does an Employment Lawyer Assist Victims of Disability Discrimination?

If you reach the point where you feel filing a complaint with the CRD or initiating a lawsuit is your only choice, you probably want to speak to an employment attorney who specializes in workplace disability discrimination cases. A lawyer can help you make sure your complaint is filed properly or start the court process.

Sometimes just a letter from a lawyer is enough to make an employer take disability discrimination more seriously. It might help you get back overtime pay or a promotion you are owed, or you could be reinstated in your job if you’ve already been wrongfully terminated. Pressure from an attorney can also help you receive reasonable workplace accommodations for your disability, including being allowed to take time off for medical appointments.

If you must go to court, an employment attorney like Employee Law Group can help you assemble your case, as they have the time and resources you don’t have. Your attorney will represent you in a trial and give you the best chance of achieving a positive outcome to get what you are due and have your rights protected.

Sometimes other illegal or criminal acts have been committed alongside workplace disability discrimination. An employment lawyer can help you sort out allegations of whistleblower retaliation, wage theft, or defamation of character and decide whether you have an additional case for these issues.

At Employee Law Group, we offer a completely free initial consultation to see if you have a case of workplace disability discrimination. You don’t have to endure discrimination in silence. Call us today at 310-407-7358, or get in touch online to let us know how we can help you.

Severance Pay

Tue, 07 Mar 2023 11:01:10 GMT

If you have recently lost your job or believe you might be laid off soon, you probably have many questions about severance pay. Here’s what you need to know about severance in California, including red flags to watch out for, collecting unemployment and severance simultaneously, and how an employment attorney can be helpful in situations where severance is offered.

How Is Severance Pay Defined?

Severance pay is money paid to a worker when their position is terminated. This pay is nearly always associated with being laid off. It’s not usually paid to employees who are fired for cause.

What If an Employer Misclassifies You as an Independent Contractor (No Form I-9)?

Severance pay is just money paid to former employees, whether as a lump sum or a series of scheduled payments. A severance package is more comprehensive and may include items like:

Being able to keep your health insurance through COBRA
Cashing out unpaid vacation days and other paid time off
Stock options in addition to cash
Keeping certain company-owned items, like cell phones, laptops, printers, etc.
Pension and retirement accounts

What Is a Severance Agreement?

A severance package, because of its scope, frequently comes with a severance agreement, which is a contract between you and the employer regarding the details of the package. You might also be asked to sign a severance agreement simply to receive severance pay without a package.

In 2021, Governor Newsom of California signed Senate Bill (SB) 331 , which included new laws about severance agreements, such as:

You must be given at least 5 days to consider a severance agreement.
If you are over 40, you may take up to 21 days to evaluate a severance agreement.
You have the right to review a severance agreement with an attorney.
Neither the severance agreement itself nor a nondisparagement clause in a severance agreement (saying you may not speak badly about the employer) may prohibit you from reporting harmful or illegal acts on the employer’s part. They may also not forbid from disclosing factual information under the FEHA (Fair Employment and Housing Act) regarding discrimination, harassment, and the like.
A severance agreement may forbid you from discussing trade secrets and proprietary information, as long as this is not related to illegal acts.
It is permissible for severance agreements to release or waive all further claims on your part and to require that the terms and amount of severance remain confidential.

What Is the Purpose of Severance Pay?

Typically, severance pay is offered as a courtesy to employees who have performed well for a company, especially those who have been employees for a long time. It gives workers money to live on while they look for other employment after layoffs, whether due to downsizing or redundancy after a corporate merger.

Many businesses offer severance pay with high-profile layoffs in order to preserve their image in the public eye. They want to retain the workers they keep and be able to recruit job candidates again in the future without people fearing they don’t take care of their employees.

Sometimes, however, severance pay can be linked to “keeping employees in line.” A business might threaten to not give severance if they speak ill of the company or don’t perform well until their last day of work. Or, it might be part of a threat to prevent employees from whistleblowing about a toxic or dangerous work environment, which is illegal.

Are Employers Legally Required to Pay Severance in California?

Generally speaking, employers are not required to pay severance under California law. It’s up to them to decide whether or not to offer the cash or the items listed above as part of a severance package.

However, there are certain circumstances where employers are contractually obligated to pay severance. Your union may have negotiated a deal where any laid-off employees get severance pay. Also, your individual employment contract may stipulate that severance is to be paid if you are laid off. Sometimes a board of directors will make severance part of a merger or acquisition, in which case it is included in the legal documents pertaining to the transaction.

How Do Some Employers Try to Cheat Workers Out of Severance Pay?

Do employers sometimes attempt to rob workers of their rightfully earned severance pay that they are legally obligated to pay? Unfortunately, yes. Some tricks they may use include:

Saying you were fired for cause, not laid off, and therefore ineligible for severance pay
Cutting off communication after your last day of work and refusing to pay severance as promised
Claiming you can’t get severance because you applied for unemployment benefits (see more below)
Incorrectly calculating severance pay if it is based on a formula related to longevity, number of hours worked, or base salary
Tying severance pay to punitive or illegal acts, like covering up unsafe work practices, committing fraud, or forbidding you from talking to your coworkers about layoffs
Alleging that you violated your severance agreement and aren’t entitled to severance pay or a severance package

If You Get Severance Pay, Can You Still Collect Unemployment in California?

Yes, in most cases, you may receive severance pay and apply for unemployment. Some people prefer to wait until they use up their severance to request unemployment benefits. But severance pay is not considered wages in California , so it won’t disqualify you from unemployment, and you can receive them concurrently. In fact, it’s often wise to have your severance pay overlap with your unemployment application, as it can take several weeks before you are approved and may get unemployment payments. If you have questions about unemployment benefits in California, the Employment Development Department (EDD) can answer them for you.

Can an Employment Attorney Help With Severance Pay?

As discussed above, there are many situations where employers engage in unscrupulous or even illegal acts related to severance pay. You should definitely contact an experienced employment attorney if you are being asked to sign a severance agreement that offers severance in return for waiving your rights about:

Whistleblowing or exposing illegal workplace practices
Bringing a lawsuit about workplace issues, like discrimination, harassment, unpaid overtime, or wage theft
Reporting crimes committed by the employer

You should also consult with an employment lawyer if you have not been paid severance as promised or if you believe you have been somehow cheated out of your severance pay or package components. An employment attorney can help determine if you have a case or if laws have been broken. They can assist you with overlapping issues, such as nonpayment of severance and illegal employer acts like discrimination or wrongful termination.

If necessary, an attorney can enlist help from state agencies or help you file a claim. They can also represent you in court, if it comes to it, helping to ensure your rights are protected and you get the severance you deserve.

There are also many gray areas where being asked to waive your rights is questionable, such as signing a non-compete or non-solicitation agreement (generally unenforceable in California because they can keep you from earning a living) or forbidding you from even contacting former clients or colleagues.

Severance agreements can be complicated even if the employer has the best of intentions. As with other contracts, it’s always a good idea to have a lawyer review them.

Have you been asked to sign a severance agreement? Are you struggling to receive severance to which you believe you’re entitled? Employee Law Group is here to help you in the Los Angeles area, and there is no charge for an initial consultation to discuss your case. Call us today at 310-407-7358, or get in touch online to let us know how we can help.

Whistleblower Retaliation

Mon, 20 Feb 2023 11:28:35 GMT

You might have heard about whistleblowers in the news lately, as this is a hot topic in the political world. But whistleblowing is also very relevant in the US workplace, and sadly, whistleblower retaliation is a major problem. Here are the answers to the most common questions we get about whistleblowing and what you can do if you are a target of whistleblower retaliation in California, including partnering with an employment attorney.

What Is Whistleblowing?

Whistleblowing is the act of exposing your employer for bad work conditions that they would prefer to keep secret. This includes things like:

Unsafe work environment (malfunctioning equipment, poor fire safety, exposure to hazardous materials, lack of ergonomics for repetitive use injuries, etc.)
OSHA or state violations regarding paid work time (not given breaks, wage theft, etc.)
Failure to comply with industry-specific government regulations
Accepting kickbacks or bribes
Misclassification of employees as independent contractors
Discrimination or harassment in the workplace
Other involvement in illegal acts

Usually, the things that a worker exposes through whistleblowing violate some type of federal and/or state law. The term was coined by consumer advocate Ralph Nader back in the 1970s to conjure the image of someone “blowing the whistle” like a referee on dangerous workplace practices.

A typical whistleblowing case might go something like the following:

An employee notices that factory equipment is unsafe.
The employee talks to management or HR about the issue, only to be told not to worry about it.
Soon after, another employee is injured by the unsafe factory equipment.
The first employee goes to the EAP department next to again voice their concern about unsafe work conditions, but the EAP representative tells them to keep it to themselves. (The EAP division may be complicit in workplace violations or may have been threatened by their superiors.)
Fearing more people will be injured on the job, and having tried all avenues to stop dangerous work conditions, the employee then goes to their union, the state Division of Labor, or perhaps even the news media to expose the employer. They might try to picket the workplace as well, in order to call the public's attention to the concern.
The employer feels threatened by the possibility of citations, fines, lawsuits, damage to the company’s reputation, or loss of sales.

What Is Whistleblower Retaliation?

In the hypothetical scenario described above, when the employer feels threatened, they may retaliate against the worker for blowing the whistle on their unsafe work environment. This may be intended to punish the worker or to get them to recant (take back) their initial complaints. But typically, whistleblower retaliation is also intended to keep other workers “in line” by showing what could happen to them if they too speak up. If these sound like mafia tactics, you’re right – that’s exactly what they are!

What Are Some Examples of Whistleblower Retaliation?

Whistleblower retaliation can take multiple forms, and employers don’t always limit themselves to just one type of revenge. They may inflict several kinds of retaliation simultaneously. Examples include:

Wrongful termination (firing without cause)
Threatening, intimidating, or harassing the employee or their family members
Changing the worker’s hours or cutting their pay
Failing to pay wages, overtime, bonuses, or commission
Denying rightful time off
Retracting or reducing benefits, like health insurance
Demoting or changing work tasks to fall outside the job description
Refusing transfers or promotions
Giving false poor performance reviews
Putting the employee on probation, suspension, or PIP
Practicing discrimination or harassment
Leaving the employee out of training or social events
Threatening to report the employee to immigration or law enforcement
Blacklisting the worker so they can’t find another job in their industry

Sometimes employers are sneaky in their retaliation and do what’s called “constructive discharge” or “managing someone out.” This means making work conditions so miserable that the employee quits voluntarily.

Is Retaliating Against Whistleblowers Illegal in California?

Whistleblower retaliation is against the law in California and elsewhere in the United States. The federal agencies charged with protecting whistleblowers, depending on their job and military history, include:

The Occupational Safety and Health Administration (OSHA)
The Mine Safety and Health Administration (MSHA)
The Office of Federal Contract Compliance Programs (OFCCP)
The Wage and Hour Division (WHD)
The Veterans’ Employment and Training Service (VETS)

Many types of work and workplace practices are protected by these groups, meaning it is illegal for employers to retaliate against someone exposing things like:

Unsafe work conditions in agriculture, manufacturing, transportation, and mining
Other types of dangerous environments, like working around chemicals or without proper safety gear
Violations of consumer and food safety laws
Perpetrating fraud or financial crimes
Employing children illegally
Failing to adhere to environmental protection regulations
Improper inspection procedures
Workplace harassment or discrimination, including in hiring
Refusing to pay earned wages, overtime, commission, or bonuses
Failing to provide adequate meal times or breaks
Falsifying time cards or other work records

In California, the state Division of Labor and the Attorney General’s office handle complaints about whistleblower retaliation.

What Steps Should You Take If You Are a Victim of Whistleblower Retaliation?

If you believe you have been targeted by whistleblower retaliation, there are several things you can do:

Document everything as much as possible, so you have written records of what happened. Don’t rely on having access to work computers or files, though, in case you are let go suddenly.
Speak with other workers who have experienced similar issues, but only if you feel it is safe to do so.
Talk to your union, if you are a member of one.
File an official complaint with the appropriate state or federal agency.
Consult with an employment attorney.
Why Is It Best to Consult an E

Why Is It Best to Consult an Employment Lawyer for Whistleblower Cases?

By the time you get to number 4 on the list above, you probably want to speak with an experienced employment attorney. First, you want to ensure that any complaints you file have the greatest chance of success in being investigated. You want to be certain that the paperwork is complete and that you are working with the right agency. Many of these agencies are overwhelmed with reports and slow to investigate. An attorney can follow up for you or even initiate a lawsuit if you have the right kind of case.

Additionally, whistleblower retaliation cases usually involve multiple workplace violations, like wage theft, failure to pay minimum wage, or discrimination, which prompted the whistleblowing in the first place. As well as pursuing a retaliation case, you may be entitled to back wages or other damages. An employment lawyer can ensure you get what’s due and stop the employer from cheating other workers. It doesn’t matter what your immigration status is if your worker rights have been violated in California.

Have you been the target of whistleblower retaliation? Employee Law Group would like to help with your case. We can assist with filing state or federal complaints or take the matter to court, so your rights are protected. It’s free to find out if you have a case. For a complimentary consultation call Employee Law Group at 310-407-7358, or contact us online to tell us about your situation.

New Workplace Laws for 2023

Wed, 25 Jan 2023 11:34:38 GMT

As easy as it seems sometimes for bad bosses to cheat, rob, harass, and discriminate against their employees, California workers could be forgiven for forgetting just how good they have it compared to workers in other states.

California is recognized throughout the country as one of the most protective and generous legal systems to its workers, and that’s generally true. An employer who tries to pick his workers’ pockets through off-the-clock work, who tries to pay women less than men, or who saves the best sales opportunities for salespeople in a preferred race or religion…well, California courts don’t have much patience for those employers. If they’re caught, they can expect to pay heavily for their dishonesty.

Of course, to hold their bosses accountable, workers need to know their rights and the laws that protect them from abuse. Here are some of the new laws going into effect in 2023 that employees should know to ensure their paychecks are full and their workplaces are fair.

Paycheck Fairness

The California Equal Pay Act has been law since 2017, ensuring that workers get the same pay for the same work, regardless of race, sex, or any other classification. But how can you be sure you’re getting paid what your coworkers get? As of January 1, you have the right to ask your employer for the pay scale for your job. That way, you can make sure you are being paid on par with your coworkers. You should also know that you have the right to discuss your wages with your coworkers. Any boss who tries to stop you—and prevent you from learning if you’re being paid roughly the same as your coworkers—is breaking the law.

Paid Leave to Care for “Designated Persons”

The California Family Rights Acts, or CFRA, has provided job protection for qualified workers who need time off to take care of sick family members. Assembly Bill (AB) 1041, which became law on January 1, allows workers to use available paid sick leave to take care of a “designated person” who is not necessarily a relative or someone in a family relationship. Anyone who has a beloved friend who is not a blood relation but needs assistance can take time off with sick pay to help that friend in their time of need.

Bereavement Leave

AB 1949 expands current protections for workers who have lost a family member to ensure at least five days of leave. In fact, it makes it unlawful for an employer to refuse leave to a qualified employee. The leave can be paid, if the employer’s policy allows it, or it can be unpaid. And the five days do not have to be taken consecutively.

Emergency Safety Reporting

Labor Code section 6310 protects the right of workers to report health and safety problems at their workplace without fear of retaliation from their employer. Senate Bill (SB) 1044 became law on January 1 and expands those protections to guarantee the right of workers to leave or refuse to enter workplaces that they reasonably believe have become unsafe without facing retaliation. The law also forbids employers from stopping workers from using telephones to contact emergency services to report dangerous conditions or contact their loved ones to report that they are safe.

Reproductive Health Decisions

The Contraceptive Equity Act extends protection under the Fair Employment and Housing Act, or FEHA, to prohibit discrimination against workers based on their reproductive choices. That means your employer can’t discriminate against you on the basis of whether you choose to use birth control drugs or devices. In fact, the law makes it illegal for your employer or potential employer to inquire about your reproductive health choices.

How You Can Further Protect Your Rights at Work

These are just some of the newest laws created by the California legislature to make sure that workers are treated fairly, paid appropriately, and have basic dignity on the job. There are many others meant to protect your wages and rights.

If you feel that your boss is mistreating you, there may be a law to prevent it. But to protect your rights, you need to keep records and demonstrate how you’ve been wronged.

Our attorneys at Employee Law Group recommend you take the following steps to protect your interests if you think you’re being cheated, harassed, or discriminated against:

Keep records. Anytime you feel you’ve been abused, note the day and time and identify any witnesses. What was said? What do you think was the legal right that was violated?
Note comparable situations. Are you being treated differently from your coworkers? Are you punished for behaviors that others get away with? Are workers of certain races or religions given better treatment than others?
Identify moments where things changed. Did something change suddenly? Did you tell your boss you’re pregnant, and suddenly you are being told you’re not doing your job well? Did you have a recent medical diagnosis that will mean a lot of time off for doctor appointments? Did you ask for a religious holiday off?
Put things in writing. A lot of employers are savvy enough to know they shouldn’t put certain things in writing, so they will only say legally harmful things face-to-face or over the phone. So, you should memorialize those conversations in writing — send an email saying you have a problem with what was said. You need to create a paper record to defend your rights.

An Employment Attorney Can Help if You Have a Case Against Your Employer

Not every bad work situation is unlawful, and not every abusive boss is breaking the law. But if you follow the directions above and collect information, an experienced employment attorney should be able to tell you if you have a potential case against your employer.

Our attorneys at Employee Law Group have decades of experience working with people like you who feel they’ve been mistreated at work. We’ve helped recover millions of dollars in unpaid wages, fought to defend workers who’ve been abused and mistreated, and held bad bosses accountable for unlawful discrimination.

Reach out to Employee Law Group, and we can review your facts in a cost-free consultation and let you know how best we can help turn around your workplace situation. Call us at 310-407-7358, or reach out online anytime to let us know more about your circumstances.

Unpaid Wages

Tue, 24 Jan 2023 11:51:12 GMT

Unpaid wages are a problem for many California workers, although this is illegal in our state. According to the Economic Policy Institute, about $2 billion in earned wages go unpaid every year. Do you think you have been a victim of unpaid wages in California? It can be confusing to know if this has happened to you and what to do about it. Here are some common examples of unpaid wages — the term applies to many more situations than simply an employer not issuing your paycheck. We also review what California law says about unpaid wages and how an employment attorney can help you get the money you are owed.

What Are Unpaid Wages?

Having unpaid wages means your employer has not paid you for hours you have worked. Unpaid wages can take many forms, depending on the type of job you have and how your work is structured.

One of the most common unpaid wage scenarios is an employer not paying someone the required minimum wage for the state. In California in 2023, that’s $15.50 per hour .

However, if your city or county has a minimum wage that’s higher than that, your employer must pay the higher of the two wages. This includes people who receive tips as part of their compensation, who are often mistakenly told they don’t qualify for the minimum wage in addition to their tips.

Other types of unpaid wages include:

Making you show up early or stay late without paying you for the extra time (aka off-the-clock duties)
Forcing you to work through your required break and lunch periods
Deducting a full 30 minutes for your lunchtime when you only get 10 or 15 minutes
Shaving small increments of time off your timecard, which adds up over weeks and months
Falsely editing your timecard or work records to make it look like you worked less than you did
Firing you in order to avoid paying you a rightfully earned bonus or commission (wrongful termination)
Paying cash under the table to eliminate wage record keeping
Not paying you overtime as dictated by California state law (see more below)
Paying you late for work you have performed
Failing to pay hazard pay as previously agreed
Not paying on-call pay as in your work contract
Misclassifying you as an independent contractor instead of an employee to claim you are exempt from California wage laws

Your employer may have violated unpaid wage laws in multiple categories above. There may also be unpaid wage claims with many other employees. The employer may try to prevent workers from discussing this so they don’t realize how widespread the practice is in your workplace.

Are There California Laws Regarding Unpaid Wages?

The state of California has strict laws protecting workers against unpaid wages. Unpaid wages are a form of wage theft, which is illegal.

In addition to the minimum wage laws discussed above, there are laws stating that you may not be required to work off the clock without compensation. If extra hours exceed the maximum number of work hours in your work agreement, you must be paid overtime pay. It doesn’t matter if you waive a previous agreement with your employer or what your immigration status is.

California divides workers into two categories when it comes to determining if someone has a possible case of unpaid wages: exempt employees and non-exempt employees. Nonexempt workers are people who are employed in technical, professional, mechanical, clerical, and similar jobs, whether you are paid by the hour, by the piece, by commission , or using a similar structure.

Exempt employees are typically independent contractors (aka 1099 workers) and white-collar workers. White-collar positions are typically executives, managers, professionals, and some upper-level administrative jobs. More specifically, to be considered a white-collar employee in California, you must:

Spend more than 50 percent of your work time engaging in intellectual, creative, or managerial work;
Have the ability to exercise discretion and independent judgment about performing your job duties; and
Earn a monthly salary that’s equal to or more than twice the California minimum wage for full-time workers

All three of these factors must be true. If any of them is not true, you are not an exempt employee.

What Should You Do if You Believe Your Employer Owes You Unpaid Wages?

There are several different steps you can take if you believe you are a victim of unpaid wages in California. First, you want to document as much as you possibly can to help your claim. Keep careful track of the hours you work to the minute so you can compare your records with your pay stub or other documentation from your employer.

If you think it’s safe to do so, you can speak with your employer about missing wages and request to be paid what you are owed. Make sure you put in writing everything you discuss with the employer. Sometimes, unpaid wages are a legitimate mistake, and the employer can rectify the situation.

However, if you feel unsafe or if you speak to your employer and they refuse to make the situation right, you may wish to proceed with more formal actions. You can file a wage claim with the California Labor Commissioner’s Office, or you can hire an employment lawyer to help you file a lawsuit against the employer.

How Can an Employment Attorney Help if You Have Unpaid Wages?

While filing a claim with the Labor Commissioner might seem like the easiest route to take, there are several reasons why it can be preferable to work with an employment attorney like Employee Law Group:

You may not be sure if you have an unpaid wages case, and an experienced attorney can tell you that right away.
Filing a lawsuit is usually faster than waiting for the state to complete an investigation into unpaid wages and to take action against the employer.
An attorney may be able to help you reach a settlement with your employer without even going to court, so you get the money you are owed faster.
Your lawyer can be certain you receive all wages due to you, plus interest and extra monies owed (e.g., double damages for cases that are not good-faith errors or one hour’s wages for each legally required break you did not receive).
Your case may involve more than only unpaid wages, such as retaliation or wrongful termination, which could result in stiffer penalties for the employer and a larger financial judgment for you.

The more complicated your case or the more unsafe you feel about your job or work environment, the more important it is to have an attorney to protect your rights and help you navigate what can be a complex legal system.

At Employee Law Group , many of our clients also don’t have the time or resources to pursue a court case while they are simultaneously working full-time and tending to personal responsibilities. Our team is here to support you so your unpaid wages case disrupts your life as little as possible.

If you believe you are owed unpaid wages and live in the Los Angeles area, we make it easy to decide the next steps. Your first consultation with Employee Law Group is free and without obligation, so you can see if you have a case and what potential outcomes await. To schedule your consultation, call us at 310-407-7358, or reach out online to let us know how we can assist.

Wage Theft

Tue, 20 Dec 2022 12:01:06 GMT

If you’ve been asked to work “off the clock,” if you’ve worked overtime that was paid at straight time, if you’ve had to clock out for lunch but eat at your desk so you can get your work done, if you’ve had to undergo “on the job training” without pay, if you have to arrive at the office early so you can be delivered to a separate job site for the start of your shift without being paid for that travel time, or if you’ve had to answer calls and texts and emails from your boss outside your regular working hours... You’ve been a victim of wage theft.

If , for whatever reason, you have not been paid wages you are owed by an employer or client, you may have been a victim of wage theft. In this post, we’ll describe what constitutes wage theft under California law and what you can do about it, including partnering with an employment attorney to protect your rights and get the money that is rightfully yours.

What Is Wage Theft?

Wage theft is when an employer or independent contractor (1099) client intentionally fails to pay you money you are owed for work. They may withhold your salary or hourly wages, as well as:

Tips
Bonuses
Commission
Benefits
Overtime pay

Employers who engage in wage theft can be quite sneaky about it and may threaten you with termination or demotion if you pursue the money you are owed or expose this practice. If you alert authorities about large-scale wage theft and your employer punishes you for this, it can be considered whistleblower retaliation, which is illegal. But these cheating bosses rely on your fear to keep getting away with picking your and your coworkers’ pockets.

Some common examples of wage theft include:

Not paying you anything at all for time you’ve worked
Keeping some or all of the tips you have earned
Failing to pay you on time or regularly bouncing checks, meaning you get paid later
Not paying you for sick time or other PTO to which you are entitled
Failing to pay overtime
Making you record fewer hours than you actually worked (aka “working off the clock”)
Forcing you to work through your lunch break but making you clock out
Not paying commissions or bonuses in your employment contract
Taking unauthorized deductions from your paycheck
Refusing to reimburse you for legitimate business expenses, like mileage or compensation for using your personal cell phone for work
Terminating you and keeping your final paycheck, claiming you owe them money (even if you do)
Wrongful termination to avoid paying bonuses or commission
Paying you with a check that bounces (is returned by the bank for insufficient funds)
Not paying you the legal minimum wage

Wage Theft Is a Big Problem in California

According to the Los Angeles County Sheriff’s Department, wage theft is a major concern in the state of California. Nearly one-third of workers are paid less than minimum wage. Every week, workers in Los Angeles County alone are cheated out of $26-28 million, according to the UCLA Labor Center. This amounts to over a billion dollars every year.

Many workers in California are hesitant to file wage theft complaints because of their immigration status. However, immigration status is not a factor in determining cases of wage theft. In LA County, the Sheriff’s Department collaborates with numerous other agencies, such as the LA County District Attorney’s Office and the California Department of Industrial Relations, to pursue wage theft and bring law-breaking employers to justice through their Special Victims Bureau-Wage Theft Task Force . Wage theft is not only grounds for a civil lawsuit; it is also a crime.

New Laws Are Intended to Deter and Punish Wage Theft in California

Assembly Bill 1003 was signed by California Governor Gavin Newsom in 2021. It went into effect in January of 2022 and is designed to punish egregious wage theft as grand theft. While cheating employees or independent contractors out of any amount of money is still wage theft, it can be considered grand theft if during any 12-month period:

Theft of wages in any form (as defined by sections 200 and 350 of the California Labor Code) is greater than $950 for one employee
Wage theft is greater than $2,350 for two or more employees

Prosecutors may now charge employers accused of wage theft with either a misdemeanor or a felony. If found guilty, a crooked boss can spend up to a year in jail for a misdemeanor and up to three years in prison for felony wage theft. Fines and restitution of money owed may also be imposed. Property liens may be placed as well against problematic worksites.

How Can an Employment Attorney Help with Wage Theft?

While AB 1003 was definitely a step in the right direction for California workers, there are problems with its enforcement. The state’s Labor Commissioner’s office is chronically understaffed – and this grew worse during the pandemic – so wage theft claims take a long time to be investigated and prosecuted. Although these cases are supposed to be decided in a maximum of 135 days, in reality, they take much longer – years in some instances . This hurts people who are most vulnerable to wage theft, including low-paid workers, people of color, and immigrants.

That’s why many victims of wage theft elect to partner with an employment lawyer. Rather than waiting for the Labor Commissioner’s office, the District Attorney, or the Sheriff’s Department to take action, they file a civil suit against the employer or client, which can move faster.

While reporting your wage theft to the police and state agencies might bring emotional satisfaction, what you may need most is to get the money you are owed to cover your living expenses and debts. A civil suit, or the threat of one, may give you this more rapidly.

An experienced employment attorney, like those at Employee Law Group, can help you decide how to pursue your unique case, whether that’s through the police and the Labor Commissioner’s office, through a civil suit in court, or both. Either way, they can speed up the process and ensure all your paperwork is completed correctly for the best possible outcome. Navigating the state government or court system can be confusing and even frightening for someone without a legal background, and if you have to work, you may not have the time for all the tasks involved. And a missed deadline can mean you lose your rights completely.

Sometimes just the idea of an impending investigation or court trial and you having an attorney to send correspondence is enough to get stubborn employers to settle out of court and pay up. It also sends the message that they shouldn’t attempt stealing wages from other employees or from you in the future, as they are now on the radar for wage theft.

As mentioned above, wage theft sometimes overlaps with other workplace infractions, such as:

Retaliation (including against whistleblowers)
Discrimination
Wrongful termination

At Employee Law Group, we can help you protect your rights when it comes to these matters too. The more complex your situation, the more you need a lawyer to help sort out what’s going on and how you can get what you’re owed.

We offer a free, no-obligation consultation to see if you have a wage theft case. You’re urged to get in touch soon because there is a statute of limitations on pursuing wage theft claims. Call Employee Law Group today at 310-407-7358 or reach out online to let us know how we can help.

Age Discrimination

Thu, 15 Dec 2022 12:10:54 GMT

For past generations of Americans, reaching your 40s was often a time to step back and measure your success. You probably had a family, a home, a steady job and the belief that if you were loyal to the company, the company would be loyal to you.

Those days are long gone.

Today, someone in their 40s might not be married, may not be able to afford buying a home, and sometimes lives paycheck to paycheck working at a job that seems like it’s hanging by a thread, because younger, cheaper workers are always waiting to take your place.

Unfortunately, age discrimination is an ongoing problem in workplaces across the country, including here in California. If you are an older worker and feel you have been discriminated against, there are steps you can take to protect your rights and hold your employer accountable. Here’s a review of what constitutes age discrimination, how California courts view age discrimination, and the actions you may wish to take if you have been a target, including contacting an employment attorney.

What Is Age Discrimination in the Workplace?

Age discrimination at work is the unjust treatment or harassment of employees or job candidates based on their age (over 40, see below). Middle-aged workers experience this type of workplace age discrimination in many forms. Have you been a victim of one or more of these things because of how old you are?

Termination (may include being let go in a group of high-salaried people, a large proportion of whom are older, as a “cost-cutting measure”)
Let go because your position was supposedly eliminated, only to have it filled under a different job title by a younger person
Promotion denied and given to a younger colleague, often explained with buzzwords like “transformative” or “energizing”—code that means “you’re tired and boring”
Salary reduced
Not hired for a job for which you are well qualified
Hired by a new employer or promoted but denied equal pay
Observing a pattern of only young new hires
Insulted or harassed about your age (even if people say “it’s just a joke”) by bosses or coworkers, sometimes as simple as being called “Gramps” or being told to “make room for the next generation”
Receiving the most unpleasant or unfulfilling tasks while less qualified, younger colleagues are first in line to take on new challenges
Urged or forced to retire—sometimes being given the “option” of early retirement, but keeping the job means facing cuts, reduced wages and benefits, marginalized job duties, etc.
Put on a performance improvement plan (PIP)
Unfair disciplinary action
Forbidden from having gray hair at work
Left out of trainings or social events that should include you
Forced transfer
Denial of medical leave

Sometimes age discrimination overlaps with other forms of discrimination. Women, people of color, and those with disabilities, in particular, may find themselves facing multiple discriminatory obstacles at work or when applying for jobs. Age discrimination may also be combined with other illegal workplace acts, such as retaliation for reporting the employer for age discrimination or complaining about age-based harassment.

Is Age Discrimination Illegal?

Age discrimination is illegal in the United States by the federal government. The Age Discrimination in Employment Act (ADEA) was enacted in 1967 to protect people 40 years and older from discrimination in the following categories:

Hiring
Discharge
Promotion
Compensation
Terms, conditions, or privileges of employment

This act is enforced by the Equal Employment Opportunity Commission (EEOC).

There are other pieces of legislation in the US that also apply to age discrimination:

The Age Discrimination Act of 1975
Section 188 of the Workforce Investment Act of 1998 (WIA)

What the State of California Says About Age Discrimination at Work?

Although states may differ about some of the particulars regarding age discrimination and how anti-discrimination laws are enforced, know that California’s laws reflect federal regulations. The state of California added the Fair Employment and Housing Act, which protects job seekers against age discrimination. The Employment Development Department (EDD) in California ensures compliance with both state and federal laws, as does the Department of Fair Employment and Housing (DFEH).

In fact, California laws generally provide broader protection for older employees. It’s usually better to pursue age discrimination cases through the state if you work in California than through the federal government, where it is more difficult to file a lawsuit.

What Should You Do If You Have Encountered Age Discrimination?

Every case is different when it comes to age discrimination. If the discrimination is more subtle, such as colleagues making fun of your age, it may help to speak to management or HR. If you can resolve the situation without filing a complaint or lawsuit, that’s always best. Sometimes people simply don’t know they are being offensive—they may even mean their hurtful comments to be affectionate— and they don’t realize they are actually breaking the law by making your workplace uncomfortable for you. In these cases, companies don’t want to be found liable for workplace discrimination and may work quickly to educate your fellow employees.

However, in more egregious cases of workplace age discrimination, you may have to take more drastic measures, especially if your job status or income is affected by discrimination. This entails filing an official complaint with the California Civil Rights Department , formerly known as the Department of Fair Employment and Housing, Or DFEH. You may also wish to file a lawsuit, but this can take some time and typically requires a state investigation first. That’s why most people who have experienced age discrimination in the workplace turn to an employment lawyer for assistance.

How Can an Employment Attorney Help with Workplace Age Discrimination?

As noted above, once you file a complaint with the DFEH, it may be a while before an age discrimination case is handled. The usual process goes like this:

Depending on your complaint, you have 1-3 years to file a pre-complaint inquiry with the Civil Rights Department online, by phone, or using a manual form.
The Department conducts an interview within 60 days to see if they will accept the case for investigation.
The case is either referred for further investigation and possible enforcement action, or the Department dismisses it, giving you the right to sue the employer in court, If the former, the Department prepares a complaint for you to sign. The complaint is then delivered to the employer and filed with the EEOC.
The employer responds to the complaint. The Department may at this point try to resolve the conflict through mediation.
If mediation is not successful or recommended, the DFEH initiates an investigation.
If no discrimination is found by the DFEH, the case is closed, and you may still have the opportunity to sue the employer in civil court.
If discrimination is indeed found, the case is sent to the Department’s Legal Division, where once again mediation is attempted to resolve the matter out of court.
If the dispute cannot be resolved through mediation, the Department can either file a lawsuit on behalf of the employee or dismiss the case. If the case is dismissed, you may then file a private lawsuit.

The process is long, tedious, and in the end may not produce anything at all.

What can an employment attorney do to speed things up? They can obtain a right-to-sue notice for you immediately, which bypasses the Civil Rights Department and EEOC investigations and allows you to take the case to court right away.

Being able to file a lawsuit more quickly can be essential when your livelihood has been affected by age discrimination and you are struggling to pay expenses or dealing with a hostile work environment. You may be entitled to any or all of these damages:

Back pay or wages
Increased income from a promotion or raise
Benefits and pensions
Unpaid bonus payments
Money for pain and suffering and/or emotional distress
Job reinstatement
Equitable remedies, such as a promotion Payment of legal fees and court costs
Liquidated damages that punish the employer and deter future discrimination

Navigating state agencies and lawsuits requires experience and knowledge of employment law. At Employee Law Group, we have both of those, along with a solid track record of successful outcomes for our clients. We welcome the opportunity to speak with you about your case and help you file the appropriate paperwork if you decide to move forward.

It doesn’t cost anything to talk about your case with our team of experts in order to get a professional opinion. Call Employee Law Group today at 310-407-7358 or Employment Contract Attorney in Torrance, CA | Free Consultation (employeelawgroup.com) to let us know how we can help.

Sexual Harassment

Mon, 14 Nov 2022 12:27:58 GMT

Sexual Harassment

If you think you have been the victim of sexual harassment at work, you may feel confused, vulnerable, embarrassed, and angry all at the same time. Unfortunately, these feelings are shared by thousands of workers every day. Sexual harassment is an ongoing problem in many workplaces, including here in California which has laws in place to protect victims.

Workplace sexual harassment can also overlap with other workplace violations, such as discrimination and whistleblowing. That is why many people consult with an employment attorney, to ensure their rights are protected and justice is served.

If you’re not sure what is and what isn’t sexual harassment in the state of California, keep reading for more clarification. We offer advice about what to do if you’ve experienced sexual harassment in the workplace and why you may want to partner with a lawyer if your workplace doesn’t deal with the situation appropriately.

What Constitutes Sexual Harassment in California?

All types of workplaces are held to California sexual harassment laws, as dictated by federal law under Title VII of the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act. Furthermore, supervisors must be trained in how to prevent and deal with sexual harassment incidents in the workplace. Employees at companies with 50 or more workers must also be trained in sexual harassment so they recognize it and don’t intentionally or inadvertently perpetrate it.

It can be hard sometimes to know if something constitutes sexual harassment. Some behaviors that might have been tolerated in decades past are now known to be problematic, especially those that are more subtle but are harassment nonetheless. These include:

Unwelcome sexual advances
Visual, verbal, or physical conduct of a sexual nature
Actions that create an intimidating, hostile, or offensive work environment based on an employee’s sex

Sexual harassment doesn’t have to be motivated by desire; it can be related to someone’s actual or perceived sex or gender identity, actual or perceived sexual orientation, or pregnancy, childbirth, or related medical conditions. The perpetrator does not need to be of the opposite sex of their victim to engage in sexual harassment.

Sometimes sexual harassment at the office is targeted at a single individual. Other times, however, an entire department or company may be victims, such as when someone posts offensive photos where everyone sees them. Over time, this creates a pervasive hostile work environment.

Sexual harassment can include gender bullying, like making it hard for all female employees to complete their work tasks in a reasonable manner. It is often seen as quid pro quo harassment — promising someone something like a promotion in return for sexual favors. And sexual harassment sometimes shows up in a more severe form, like groping, which is a form of sexual assault.

What Should You Do If You Have Experienced Sexual Harassment at Work?

If you have experienced sexual harassment at work or if it is ongoing right now, the first thing to do is document every incident. Write down the time and date and what happened, in as much detail as you can recall, including where it happened and who witnessed or might have witnessed what occurred. It’s best to keep a copy of this documentation in a secure place away from work in case you feel unsafe going to the workplace or should lose your job. It’s a sad fact that some people are wrongfully terminated for exposing workplace sexual harassment or for whistleblowing about hostile work environments.

Inform your employer about the harassment, citing the company’s sexual harassment policy, assuming you have one. You might go to your supervisor, the owner of the company, or the HR department, depending on how the business is structured. It’s always better to report sexual harassment conduct in case you later need to take further action. It shows you tried to alert people to the behavior and put a stop to it, and it demonstrates that the conduct was unwelcome to you.

If you have been sexually assaulted, you should contact the police, including calling 911 if your safety is at risk. See your personal healthcare provider or a physician in the emergency room as soon as possible for an exam and appropriate care. Consider joining a support group or calling a crisis hotline like 800-656-HOPE (4673).

Should You Contact a Lawyer About Workplace Sexual Harassment?

If your employer refuses to take action about sexual harassment at your workplace or if the perpetrator of the harassment is the person to whom you would normally go with a complaint, you may wish to consult an employment attorney. You may also want to speak with a lawyer if:

You decide to file a complaint with either the California Civil Rights Department (CRD), formerly the California Department of Fair Employment and Housing (DFEH), or the federal Equal Employment Opportunity Commission (EEOC). While you are not required to have a lawyer to file a complaint with either of these agencies, you may appreciate the assistance, particularly if you anticipate retaliation from your employer.
You are threatened with termination or lose your employment because of notifying your employer about sexual harassment.
You have been sexually assaulted at work.
Your sexual harassment complaint overlaps with other workplace violations, such as pregnancy discrimination, whistleblower retaliation, or unpaid wages.
Your workplace did not provide sexual harassment awareness training as mandated.

How Can an Employment Attorney Help With a Sexual Harassment Case?

At Employee Law Group, we routinely handle sexual harassment cases, as well as other types of workplace complaints, like unpaid overtime, wrongful termination, and defamation of character. We can help you determine if you do indeed have a sexual harassment case and how to proceed based on the unique details of your situation.

Our team can help you file paperwork with a formal state or federal complaint, making sure the incident is fully investigated. We can communicate with your employer or represent you in court should you decide to file a lawsuit. In order to bring a lawsuit for sexual harassment, you must first file a complaint with the California DFEH (which is automatically cross-filed with the EEOC). If they don’t bring a civil action within 150 days, you receive what’s known as a right-to-sue notice , which allows you to pursue a lawsuit.

You can also choose to get a right-to-sue letter immediately and pursue the case on your own.

Employee Law Group can also assist you in weighing other workplace violations that frequently accompany sexual harassment cases. For example, you may have been fired for telling the HR department that your manager was threatening to demote you if you didn’t date him or her. Or perhaps you have not only been sexually harassed but also have experienced discrimination based on your race.

As your attorneys, we make sure your rights are protected. We have the knowledge and resources to pursue a case you couldn’t follow up with on your own. Our goal is to stop the harassment, help you receive any damages to which you’re entitled, and prevent sexual harassment from happening to other employees in the future.

If you have been the victim of workplace sexual harassment or other violations, we welcome the opportunity to speak with you. Employee Law Group offers a free initial consultation to help determine if you have a legal case and to offer advice on how to proceed going forward. Call us today at 310-407-7358 or contact us online to tell us your story.

Unpaid Overtime

Mon, 14 Nov 2022 12:19:26 GMT

Unpaid Overtime

Do you believe you have been cheated out of overtime pay by your employer? Unfortunately, this is a common problem across the USA, including in California. Read on to learn more about California laws for unpaid overtime. This can be a complex issue, so working with an employment attorney can help you get the money you are owed.

What California Law Says About Overtime

Basics of the overtime pay law

The state of California has strict laws pertaining to overtime pay for nonexempt workers. The essential part of the law states that you must be paid one and one-half times your hourly rate of pay if you work more than eight hours in a workday or more than 40 hours per week. That overtime rate increases to double your normal rate of pay if you work more than 12 hours on any given day or more than eight days in a row.

Additionally, your rate of pay may be no less than the state’s minimum wage, which is between $14 and $15 per hour , based on the size of the company you work for.

It doesn’t matter what state you were born in or your immigration status in the United States. As long as you are not required to be in school, which means people over the age of 16–18 years, your employer must pay you appropriately for overtime.

Even if you are a salaried employee, your employer may, in many circumstances, be required to pay you overtime. Your hourly rate is calculated using this method:

Multiply your monthly pay by 12 months to get your annual salary.
Divide your annual salary by 52 to figure your weekly salary.
Divide your weekly salary by 40 (maximum hours per week) to get your hourly rate.

Exemptions to the law

There are some exemptions to the overtime pay law in California. Employers are not required to pay overtime for some workers, including:

Executive, administrative, and professional employees
Some employees in the computer software field
People employed by the state, city, county, or special district
Outside salespersons
Immediate relatives of the employer
Participants in national programs like AmeriCorps
Drivers whose hours are regulated by other laws
Employees covered by certain collective bargaining agreements
Some workers earning commission
Student nurses
Airline employees under certain circumstances
Traveling carnival ride operators
Commercial fishing boat crew members
Professional actors
Some employees working in news media
Some people in intellectual or creative pursuits
Personal attendants not covered under the Domestic Worker Bill of Rights
Babysitters under the age of 18

Ways Employers Try to Cheat Workers Out of Overtime Pay

Even if you are entitled to overtime pay, some unscrupulous and greedy employers will try to cheat you out of this extra remuneration. Some of the methods employers use to cheat workers include:

Telling you that you are exempt from overtime pay when you are not
Miscalculating your regular rate of pay to lower the overtime rate
Paying you late for overtime you have worked
Making you show up early for work without clocking in so your extra time isn’t calculated
Falsifying time cards, including making you clock out for lunch but not actually giving you time off
Firing you to avoid paying accrued overtime
Paying cash under the table so there is no record of hours worked or compensation
Threatening you with termination or other penalties if you try to demand overtime pay or expose workplace violations (whistleblowing)
Misclassifying you as a contractor when you are, in fact, an employee

Some of these ways employers attempt to cheat workers out of overtime pay are additional illegal acts in their own right, such as misclassification of workers, wrongful termination, and falsification of work records.

How an Employment Attorney Can Help You Get Unpaid Overtime

If your employer owes you unpaid overtime, whether you still work for them or not, you can file a wage and hour lawsuit against them. You may think it’s not worth it for a relatively small bit of overtime compensation. However, you might be surprised at the damages you could be awarded in court by fighting back:

Back overtime pay
Unpaid regular pay
Waiting time penalties of up to 30 days’ pay
Penalties for other violations, like wage statement violations or missed meal and break penalties
Liquidated damages for additional losses difficult to quantify
You could wind up collecting thousands of dollars when all your employer had to do was pay you a few hundred in overtime pay to begin with.
As you may have realized from the list of overtime exemptions listed above, determining whether or not you’re entitled to overtime pay and proving your employer violated overtime pay laws can be complicated. That’s why many people who have had overtime pay unfairly withheld choose to work with an employment attorney like Employee Law Group.

An employment lawyer can help you navigate the complexities of overtime pay violations, file any necessary legal paperwork, and represent you in court. They can also help you determine if other employment laws have been broken so you get any damages to which you’re entitled to those infractions as well.

If you have been wrongfully terminated, such as by an employer who fired you for requesting your rightfully earned overtime pay, an employment attorney may be able to help you get your job reinstated, if that’s something you want. Or an attorney can ensure that you don’t get bad references, which could keep you from securing another position.

At Employee Law Group, we have years of experience, knowledge of the law, and team resources to help you make a good case and get the unpaid overtime you are due. You can work and go on with your life, knowing you’re in good hands and will be informed every step of the way.

How do you get the process started? Employee Law Group offers a free initial consultation to hear about your unique situation and determine if we think you have a case for unpaid overtime. Then if you decide to move forward, we’ll formulate a plan together to help you get what you deserve.

To set up an appointment to discuss your case, call Employee Law Group at 310-407-7358 or reach out online and let us know how we can help.

Attorney Fees

Thu, 27 Oct 2022 12:42:12 GMT

What the Old Law Said About Sick Leave

It’s hard to pick up a newspaper or turn on the news these days without hearing about a legal case brought by an employee against their employer. Unfortunately, the pandemic gave rise to a whole new group of employment lawsuits , which experts expect to keep increasing this year.

The last few years have seen workers waking up to employer abuses and illegal acts. If you’re someone who would like to speak to an employment attorney about your work situation but are afraid of the potential costs, this post is for you. You might be surprised at how little financial risk you have to take — between the way lawyer’s fees are structured, fee shifting laws in California, and the opportunity for a free consultation before committing to moving forward.

Cost Is Often a Legitimate Concern

At Employee Law Group, we get a lot of phone calls, emails, and Yelp messages asking for our help to recover unpaid wages or pursue a claim for discrimination or retaliation. Even in the best cases — the ones that seem ironclad in favor of the employee — the potential client will often ask quietly, “How much do you charge?”

It’s a reasonable question. Nobody wants to put themselves on the hook for possibly tens of thousands of dollars for what might be a comparatively small amount of money. For example, if you believe your old boss owes you $500 in unpaid commissions, hiring a lawyer for $2,000 right off the bat doesn’t make sense. It’s like filing a home insurance claim for $250 in roof damages when you have a $1,000 deductible. In the end, you lose money.

We get it. That’s why our answer is usually “We don’t charge you anything, unless we recover on your behalf.” And the best part? A lot of the time, your former employer has to pay our fees. Read on to learn why that is.

Fee Shifting in California

California law is favorable to employees in a lot of ways. One of the biggest ways is called fee shifting. Normally in a lawsuit, each side pays its own way. But California’s legislature decided that was unfair in cases where the employees have been cheated out of their wages, have their rights abused on the job, or have faced retaliation or harassment at work.

In those cases, an employer who is found liable for a worker’s damages also has to pay the employee’s attorney fees and costs. It’s a powerful disincentive for bosses to mistreat and cheat their workers, but we still get plenty of incoming calls from workers who need our help.

Types of Cases Where Fee Shifting Typically Applies

What are some of the claims that require your boss or former boss to pay our legal fees, if we can help you recover what you’re rightfully owed?

Unpaid wages

If you don’t get your wages, salary, earned commissions, bonuses, guaranteed benefits, or other compensation that counts as wages, your employer owes you those wages , plus interest, plus the fees and costs of recovering them. If you’re paid less than the minimum wage or you work overtime hours but don’t get overtime pay, that also means you get your attorney fees covered for getting the proper pay you have earned.

Discrimination, harassment, and retaliation

If you’ve been mistreated at work on the basis of your race, sex, religion, sexual orientation, national origin, or other protected category, your employer owes you damages for the harm you suffered, plus attorney fees and associated costs.

Meal and rest break penalties

In most cases, unless you are a properly exempt employee, you are entitled to three breaks in your workday. You get 10 minutes in the first four hours and 10 minutes in the last four hours of your shift for rest, plus 30 minutes for lunch. These breaks are completely free from any job duties or work-related interruptions. If you don’t get these breaks, you’re supposed to be paid one hour’s pay for missed rest breaks and one hour’s pay for missed lunch. If you don’t get the breaks or the pay, you get your attorney fees paid for recovering them.

Reimbursement for business expenses

If your boss requires you to pay out of your pocket for supplies necessary to do your job, you’re supposed to be reimbursed. For example, if you pay for gas to make deliveries or pick up supplies, if you have to buy uniforms, or if you have to use your personal mobile phone for work, your boss is supposed to pay you back. If they don’t, they have to pay your lawyer to help you recover the money they owe you.

How to Help Win a Case Against an Employer

The above are just a few of the claims that lead to fee shifting and help you recover what you’re owed without having to reach into your pocket to pay a lawyer’s fees. But they require you to prove your case. Here’s some advice on how to do that.

Keep track of your work hours

When you work, make notes of whether you’re technically on the clock or not. After-hours phone calls, texts, and emails count as work time, so you should be paid for them, if you’re keeping track. Also make notes of when you can’t take rest and meal breaks and don’t get paid the penalty. If your boss isn’t keeping proper track of your hours, your notes may be the only evidence of how much you worked.

Make a paper trail

If you’ve been harassed or discriminated against, it helps to have documentation of this. Make complaints in writing, preferably in emails, and print a copy for yourself. Name any witnesses in your complaints and keep copies of any responses you get. If you’re fired, you will lose access to your work email, so it’s important for you to keep separate copies.

Keep receipts

Get in the habit of doing this for every business expense you pay for from your own pocket. Whether it’s plane tickets or hotels for work travel, internet costs and printer cartridges for working from home, or buying batteries to power work gadgets, keep receipts, submit them regularly for reimbursement, and make copies of your requests. That way, you can show what you’re owed and when you requested to be paid back.

Employee Law Group Is Here to Help You, and Your First Consultation Is Free

We understand the concern about how much attorneys can cost. Some people think lawyers walk around in $2,000 suits and $500 shoes and charge their clients sky-high rates to pay for it. It’s true of some lawyers, but not all, and it’s certainly not true of the attorneys at Employee Law Group. In 30 years of serving our clients in Southern California, we have always focused on providing value in our legal expertise and strong advocacy to help our clients recover what is rightfully theirs. And when the law permits, we pass the costs of our services onto the employer.

If you think you need an employment attorney and want to talk to one of our experts, call 310-606-0065 or contact Employee Law Group for a free consultation. We will listen to your concerns, help you understand the law that applies to your circumstances, and assist you in deciding the best way to defend your rights and get what you earned.

Disability discrimination

Fri, 30 Sep 2022 12:59:32 GMT

Have You Experienced Disability Discrimination? It May Be Time to Call an Employment Attorney

In spite of the many legal protections we have in California, sadly, many people are still discriminated against in the workplace because of a disability. In this post, we discuss what constitutes disability discrimination and how it shows up in many places. You don’t have to suffer in silence, though. An employment lawyer can help with disability discrimination, whether you’ve lost your job or feel that you’re facing discrimination right now in your current position.

What Is Disability Discrimination?

Disability discrimination is being treated negatively or differently at work because of a physical or mental disability or due to a medical condition. Similar to other forms of discrimination, such as racism, ageism, or sexism, disability discrimination can have long-lasting consequences for the recipient, which we discuss more below.

What Are Some Examples of Disability Discrimination?

Examples of disability discrimination can range from extreme reactions to more subtle forms of workplace bias. However, some common ways disability discrimination manifests include:

Firing an employee because of their disability
Refusing to hire someone or firing someone because they have someone in their household with a disability
Changing work duties or conditions after someone with a disability has been hired and has been already performing their job
“Managing out” a disabled employee (AKA constructive termination) by making work conditions so unbearable that they feel pressured to quit
Retaliating against someone with a disability for speaking up about disability discrimination at work or whistleblowing
Treating disabled employees differently, including passing them up for promotion
Not permitting a disabled person time off work for needed medical treatment
Allowing or participating in workplace harassment based on someone’s disability
Failure to provide reasonable accommodations for a disabled person at the place of business

Reasonable accommodations are things an employer can do with relative ease to make the workplace suitable for someone with a disability. This includes, for example, providing accessible entrances and washrooms, desks that accommodate wheelchairs, and software to assist with hearing or sight impairments. It may also include modifying work schedules. It’s not expected for the entire workplace to be reconfigured for disabled employees, but modifying elements to allow for “major life activities” should be done.

It’s not unusual, unfortunately, for an employer to hire someone with a disability and later make their job difficult or impossible to do. For example, they may suddenly be required to carry heavy objects or reach something on a high shelf from a wheelchair, which isn’t feasible. Sometimes, even when other employees are willing to help the disabled worker by dividing up jobs based on what they are capable of, the boss takes a hard line and insists that “everyone must perform the exact same duties,” which in many cases is illegal.

What Disabilities Are Protected by the ADA and Other Legislation?

Both state and federal laws forbid discriminating against an employee because of a disability. You may have heard of the ADA, which stands for the Americans with Disabilities Act, implemented in 1990 and bolstered in 2008 . This legislation and other bills like it make disability discrimination illegal.

The ADA does not contain an exhaustive list of disabilities that are protected from discrimination. However, it is widely accepted that the legislation covers conditions like these:

Autism
Bipolar disorder
Blindness
Cancer
Cerebral palsy
Deafness
Diabetes
Epilepsy
HIV infection
Intellectual disabilities
Major depressive disorder
Mobility impairments requiring the use of a wheelchair
Multiple sclerosis
Muscular dystrophy
Obsessive-compulsive disorder
Partial or completely missing limbs
Post-traumatic stress disorder
Schizophrenia

Someone with a disability is someone who has “a physical or mental impairment that substantially limits one or more major life activities; has a record of such an impairment; or is regarded as having such an impairment,” according to the ADA .

The spirit of the law means that employers shouldn’t argue with employees about what constitutes a disability; rather, they should make reasonable efforts to accommodate people who meet the definition above. A workplace that won’t even enter into a discussion about accommodations may well violate the law.

How Do Employment Attorneys Help With Disability Discrimination?

As you may gather from reading the previous information, determining whether or not someone has a disability may seem open to debate. And it can be difficult to prove discrimination in some more subtle cases.

In other cases, employers bank on workers being frightened of speaking up about disability discrimination. As a result, people with disabilities may legitimately fear losing their paycheck if they come forward about discriminatory practices. Or they may worry about getting a bad reference or not receiving pay owed to them if they’ve been let go.

That’s why consulting with an employment attorney can be a wise move if you feel you’ve been targeted by disability discrimination. A lawyer who specializes in employment issues can validate that your employer is or was in violation of the ADA. In addition, they can help with many related concerns, such as:

Getting appropriate reasonable accommodations in the workplace
Ensuring you are allowed to take time off for medical treatment
Stopping harassment or being overlooked for career advancement
Receiving back pay or bonuses owed to you
Reinstating your employment status if you’ve been wrongfully terminated

In some instances, you may be owed damages related to the hardship you’ve endured because of disability discrimination or damages to your reputation. An employment attorney can represent you in court, if needed, to ensure your rights are protected and you receive any compensation that is due to you. By standing up against disability discrimination, you also help prevent that employer from doing the same thing to others with disabilities in the future. Employers who practice discrimination may be subject to citations and fines at the state and federal levels, in addition to what they owe you.

Do You Believe You Have Been Discriminated Against Because of a Disability?

Have you been the subject of disability discrimination in your workplace? The Employee Law Group is here to help you. We have the experience and resources to pursue a case against your employer. And we can help you feel that you’re not going it alone and have someone on your side in fighting this injustice.

Call the Employee Law Group today at 310-606-0065, or reach out online to tell us more about your situation. You don’t have to endure discrimination because of your disability. Get the support you need with a free consultation from seasoned employment attorneys.

About to be fired

Tue, 30 Aug 2022 14:46:20 GMT

Are You About to Be Fired? These Are the 6 Steps You Should Take Now

If you work in California, you’re likely an at-will employee, meaning that most of the time you could be fired suddenly, regardless of how great things seem to be going. Sometimes you get a funny feeling that you’re about to be let go. If you get that sense, like maybe your boss is trying to create a paper trail to justify your termination, it’s a good idea to trust that feeling, and start collecting evidence for your own protection.

As we tell a lot of recently terminated workers, as an at-will employee you can be fired for a good reason, for a bad reason, or no reason at all. But you can’t be fired for an unlawful reason.

If you think you are about to be fired or have just recently lost your job , and you think you were fired for an unlawful reason, it’s very helpful to have documents to prove your case.

Here’s a list of six important things you should do now.

Ascertain Why You Are Being Fired

If you’re called into a room to be fired by your boss or someone from HR, you need to keep a cool head (see more on that below). You want to get as much detail as possible about what’s happening. It can be hard because you’ll probably panic a bit. That’s normal, so take a deep breath

If you want to record the conversation on your phone, let them know you’re doing it, so the conversation might be used as evidence, if it’s needed. If they won’t agree to be recorded, write down everything you’re told about why you’re being fired. Try to use the exact words as they are told to you. Does your boss think you did something illegal or against company policy? Does your employer have an issue with your performance?

Be sure to determine that you are, in fact, being fired and not laid off. In you’re fired, you won’t typically be able to collect unemployment, but with a layoff, you may be able to apply with the California Employment Development Department (EDD).

Don’t Do Anything to Escalate the Situation

You may completely disagree with the cause of your firing, especially if you’re being accused of something you did not do, or if you feel you’re being fired illegally (wrongful termination). You don’t have to believe everything the company says; your job right now is to just collect the details and stay calm.

Don’t yell, throw things, make accusations, or storm out of the meeting. This will only make your situation worse, and it could keep you from getting vital information you need or unemployment insurance later.

Discuss How and When You Will Be Paid Any Owed Wages

Unless it’s the start of a new pay period, you’re probably owed salary or hourly wages for your recent work. Ask when that money will be paid to you and how you can expect to receive it. Is the employer sending you a check? Are you getting a direct deposit like you normally would on payday? Be sure to inquire about any other money you are owed, such as for reimbursement or unused paid time off, and how you should handle outstanding expense reports if that’s pertinent.

Don’t Sign Any Severance Documents

If you’re being fired, you’re not likely to get severance pay or a severance package. However, you may be offered something like a lump sum severance payment on the spot in return for signing a severance agreement. If you’re offered severance if you resign instead of being fired—DON’T.

Sometimes, severance agreements in situations where an employee is fired mean something fishy is going on. Is it possible the company is trying to keep you quiet about something they don’t want the public to know? Are the circumstances of your firing questionable? Maybe your boss is trying to get you out of the way because they know they’ve done something wrong, and they’re trying to buy your silence on the cheap.

It’s always better to review your severance documents with an employment attorney before signing. That way, if your rights have been violated, you haven’t already committed to a contract blocking your ability to get what you’re owed by law.

Save Any Documentation You Have a Right to Possess

If you have an opportunity before you’re fired, take the time to copy or email yourself documents you are within your rights to own. This includes copies of your performance reviews, time sheets, and the like. Pay special attention to any emails or other records where you feel you’re being set up to be fired, any documents that show you complained about unpaid wages, workplace safety, or unethical or illegal conduct by your boss. You may need these later, but once you’re fired, you won’t typically have access to your computer or files.

Don’t, however, take anything that is company property or proprietary information. You can’t walk out with manufacturing formulas or special processes, client financial information, customer lists, or other things that don’t pertain to your firing and would be considered business secrets.

Consider Hiring an Employment Lawyer

Hiring an experienced employment lawyer is a smart move if you believe you are about to be fired or if you’ve just been fired. There are numerous instances where an attorney can help you, whether you shouldn’t have been fired or the terms of your job loss could possibly be negotiated.

At Employee Law Group, we’ve worked on hundreds of firing cases, and we can assist you with concerns such as:

Wrongful termination, such as discrimination, sexual harassment, whistleblowing, or retaliation (there are many possible conditions involving wrongful termination)
Violation of an employment contract
Negotiating severance, unemployment insurance, resignation vs. firing, and references

In many cases where an employee has been fired, there are also issues where back pay is owed or lost benefits need to be compensated. You may even be entitled to compensation for emotional stress, pain, and suffering related to your job loss, as well as job reinstatement, attorneys’ fees, litigation costs, or punitive damages.

It can be tough to prove wrongful termination, especially in cases involving discrimination. Discrimination can include being fired for your race, age, pregnancy, sexual orientation, disability, and many other protected classes. An attorney can help you prove that the reason you were fired is because of discrimination if that is indeed the case.

Sometimes you aren’t overtly fired, but work conditions are made so impossible through discrimination that you feel you have no choice but to leave. This is known as constructive termination.

There are other complex situations involving firing that we help with at Employee Law Group, including:

Securities fraud with publicly traded companies
Implied contracts
Violations of public policy
Mass layoff of more than 50 people without sufficient notice that violates the California WARN Act
Making complaints about wages or hours
Retaliation for taking leave

If you worry you are about to be fired, or if you have just lost your job and wish to speak with us at Employee Law Group, it’s important not to hesitate too long. There is a statute of limitations that puts a deadline on how long you have to bring legal action. Also, you want to pursue any legal discussions or litigation while everything is still fresh in your mind and while documents or coworkers are still around to back up your case. Your employer could even go out of business before you consult an attorney, which would, unfortunately, make it hard or impossible to collect on anything you are owed.

You have nothing to lose by talking with us, as we offer a free, no-obligation initial consultation to see if you have a case. To learn more, call the Employee Law Group at 310-606-0065, or get in touch online to let us know how we can help.

Severance pay

Tue, 30 Aug 2022 13:12:59 GMT

Severance Pay in California: What You Need to Know as an Employee

What Is Severance Pay?

Severance pay is money paid to an employee when their job is terminated. It’s not typically paid when someone is fired for cause, but it’s common when a worker has been laid off, such as after a merger when they may have a redundant role with an employee in the other company.

Why Do Employers Pay Severance?

Some employers offer severance pay as a courtesy to employees. This is more likely when someone has worked at the business for a long time or when they hold a high-ranking position. It may be negotiated in the terms of a merger with layoffs so that employees who are made redundant are taken care of. It’s meant to compensate them for job loss until they are able to find other employment and thank them for their service.

However, not all severance pay is so altruistically motivated. Sometimes it’s offered with a questionable severance agreement. A severance agreement isn’t necessarily a bad thing, but it can be used against you by your employer. When used improperly, this contract may dictate that the former employee may not discuss certain aspects of their employment or layoff, like things that open the business to lawsuits or make them look bad in the public eye.

How Is Severance Pay Different from a Severance Package?

While severance pay is strictly either a lump sum or regular payment (see discussion about formulas below), a severance package offers additional benefits. For example, you may be able to continue your health insurance for a while, or you may be paid for unused vacation time. Your employer might let you keep home office equipment or pay your mobile phone bill for a predetermined period of time.

Is My Employer Required to Pay Me Severance in California?

There is no law in California that requires employers to pay severance for employees who live or work in the state. Furthermore, there is no federal law either that requires your boss to pay you severance.

Sometimes, though, the terms of your employment may dictate that severance be paid if you are let go. Also, some unions have agreements that require severance for their members. If there’s a written company policy on severance, you may be entitled to severance pay, but that’s not necessarily the case—you should have an employment attorney review the policy.

Can I Collect Unemployment Insurance If I Get Severance Pay?

In most instances, you can receive unemployment even if you are given severance pay or a severance package. The severance you receive is from work in the past. Once you are no longer employed, you are likely eligible for unemployment until you find other work, at which point your unemployment would be reduced or discontinued, depending on your earnings.

Some workers prefer to wait until their severance runs out before filing for unemployment. However, there is a chance you could be denied unemployment, or it may be less than you anticipated. It can also take weeks for the state to approve and begin funding your application. Therefore, it’s best to consult with the California Employment Development Department (EDD) right away if you plan to apply for unemployment.

What Is a Typical Severance Package?

A severance package, and possibly your severance agreement, will usually address the following concerns:

How much your severance payment is
How often you will receive severance (whether as a lump sum or other arrangement) and when it will be paid/begin
If you will continue to receive health or other employer-sponsored insurance benefits or if you have the option of COBRA (insurance as covered by the Consolidated Omnibus Budget Reconciliation Act, which is usually quite costly)
If outplacement assistance is available to find other work
How unpaid vacation time or other unused benefits are being paid
If you are eligible to file an unemployment insurance claim with EDD
If you will receive any stock options or buyouts of stocks you already own
What happens to company property in your possession (credit cards, company vehicles, office equipment, etc.)
How final accounting will be handled (e.g., expense accounts , pending commissions, or money you are due to be reimbursed)
What happens to your pension and any retirement accounts

Unless it is stipulated by your pre-employment contract or union, your employer will probably have a formula for determining your severance pay, especially if many people are being let go simultaneously. They may offer you a lump sum they think is fair. Or they may pay something like a week’s pay or a month’s pay for every year of your service. If you make a commission, estimated or pro-rated bonus pay may also be offered.

How Can an Employment Lawyer Help with Severance?

It all sounds pretty straightforward, right? But what if your employer doesn’t pay what you think they should for your severance pay? Or what if they ask you to sign a complicated severance agreement, a legally binding contract, or a severance agreement you find morally questionable? If you feel you were wrongfully terminated but sign the agreement, will you lose your right to sue later for wrongful termination?

These questions and confusion about severance are why many workers in California often consult with an experienced employment lawyer. In fact, if you’re over a certain age, the law in California requires your employer to advise you to consult an attorney, and they must give you time to consider signing such an agreement and time afterward should you wish to revoke it.

Some things employers often ask employees to give up the right to via a severance agreement include:

Discussing trade secrets
Speaking about the employer negatively
Discussing the events or terms of your termination (often part of an NDA or non-disclosure agreement)
Talking to former clients or co-workers
Suing for defamation, harassment, wrongful termination, discrimination, or failure to receive a promotion

Some unscrupulous employers may even ask you to sign a severance agreement that waives your right to:

Collect owed wages before signing the agreement
Bring a lawsuit over unpaid hours or benefits (“whistleblowing”)
Seek future employment in your industry (a “non-compete” clause)
Report crimes the employer has committed

Legally, employers are not allowed to have you agree to the four waivers above, but they may pressure you into signing anyway, knowing you need your severance pay. They are also not allowed to threaten you or ask you to commit a crime, such as fraud or perjury.

As you can see, negotiating severance can vary from trying to get the money you believe you are owed to dealing with potentially criminal employers. That’s why having an attorney on your team is essential.

They can offer advice about what to do, tell you if a severance agreement seems fair, or represent you in court if it comes to litigation. An employment attorney has the resources and experience to take on large companies, which can be intimidating for just one person. They can also help if you’ve already signed a severance agreement but feel it may have been illegal or you were coerced.

If you’ve been let go from your job in California and are grappling with severance pay or a severance agreement Employee Law Group is here to assist you. We help workers in California with all kinds of employment issues, including severance, unpaid wages, class action suits, wrongful termination, and bad references.

Call us today at 310-606-0065, or reach out online to let us know your concerns. We offer a free case evaluation, so you know where you stand with no obligation — just the information you need to help with your unique severance situation.

Retaliation Against Workplace Whistleblowers

Wed, 27 Jul 2022 15:07:46 GMT

Retaliation Against Workplace Whistleblowers

Whistleblowing is increasing in frequency in the United States, as workers have become smarter about their rights and safety and more willing to speak up for themselves and their coworkers. But with the uptick in whistleblower reports has come a rise in retaliation against whistleblowers. Here’s what you need to know about workplace whistleblowing, types of retaliation, and how you can fight retaliation and stand up against employer wrongdoing.

This is changing with the new California Senate Bill (SB) 616. The new law, which grants workers more sick days, begins on the first of January next year.

What Is Whistleblowing?

Whistleblowing is the act of revealing information about your workplace that your employer would rather keep secret. These could be things that are illicit, illegal, unethical, fraudulent, or unsafe. Some examples include:

Fire safety violations, such as keeping fire exits locked
Failing to provide proper safety equipment or modifying equipment to remove protective parts
Refusing to give employees required break time
Not paying employees for hours they worked, including overtime
Misclassifying employees as contractors
Noncompliance with environmental regulations
A workplace environment of discrimination or sexual harassment
Taking bribes or kickbacks

Whistleblowing may go through many different channels, depending on the situation. For example, a worker may go to their manager, the head of their company, the HR department, the EAP division, or their union. Or they may speak with a state or federal government agency, like the California Division of Labor or OSHA (the Occupational Safety and Health Administration), or they might even say something to law enforcement. Unfortunately, some whistleblowers encounter a culture of corruption in the workplace or fear not being heard by officials and turn to the media to “blow the whistle” on things they feel are wrong.

Consumer advocate Ralph Nader coined the term “whistleblowing” in the 1970s as an alternative to negative words like “informant.” Since then, whistleblowing has been on the rise, especially during the recent pandemic, with many people rebelling against unsafe work conditions, long work hours, and improper employment status classification.

Depending on the nature of the information revealed, whistleblowing can be dangerous, and in the workplace, where whistleblowing most often occurs, it is usually followed by retaliation.

How Workplaces Retaliate Against Whistleblowers

Workplace retaliation can take many forms, from subtly hostile behavior to firing employees. Retaliation is designed to punish the whistleblower and discourage other employees from corroborating the whistleblower’s story or coming forward themselves.

The boss may try to force the employee to recant (take back) their report, not give statements to the press, or refuse to sit for a legal deposition or to testify in court. They may even attempt to remove the employee from the country if they are not citizens of the US and are working on a green card or another type of visa. Workers with no immigration status in the country (“undocumented workers”) are particularly vulnerable, as they may fear deportation without legal protection.

Common workplace retaliation may show up as:

Threatening, intimidating or harassing the whistleblower or potential whistleblowers
Changing an employee’s hours or reducing their pay
Denying overtime or promotions
Retracting or denying benefits
Disciplining, such as inappropriate use of probation or suspension, more severely than other employees were disciplined for similar offenses
Poor performance reviews, regardless of the employee’s actual execution of their job
Demotion
Marginalizing, ostracizing, or other forms of social isolation
Reporting or threatening to report the employee to the police, immigration, or other law enforcement agencies
Blacklisting (making it hard for the employee to work elsewhere) or threatening to blacklist (“You’ll never work in this industry again!”)
Making work conditions so unbearable that the employee quits (also known as “constructive discharge”)
Laying off or firing

What the Law Says About Whistleblower Retaliation

Despite what some employers want workers to believe, whistleblower retaliation against reporting protected issues is illegal at the federal level. What kinds of issues are protected?

Agricultural work
Consumer product and food safety
Discrimination
Employee safety
Environmental protection
Family and medical leave
Fraud and financial issues
Health insurance
Lie detector testing
Military status and obligations
Mine hazards
Mine inspections
Minimum wage
Overtime pay
Transportation services
Youth employment

There are five US agencies charged with protecting whistleblower complaints and enforcing anti-retaliation laws. They are:

The Occupational Safety and Health Administration (OSHA)
The Mine Safety and Health Administration (MSHA)
The Office of Federal Contract Compliance Programs (OFCCP)
The Wage and Hour Division (WHD)
The Veterans’ Employment and Training Service (VETS)

Furthermore, there are state agencies that also protect whistleblowers and help fight retaliation. For example, if you work in California, the Division of Labor has a written code forbidding employers from retaliating against whistleblowers, and they have a hotline to report improper acts to the California State Attorney General’s office. An employer may be punished for retaliating against a whistleblowing worker, and they can be required to reinstate the employee or pay back lost wages, benefits, and the like.

Why Is It Difficult for Workers to Get Protection From Whistleblowing Retaliation?

Workers who believe they have experienced whistleblower retaliation are up against multiple hurdles, however. First, there is a lack of staff at government agencies to pursue complaints of wrongdoing and retaliation, especially since the surge in reports since 2020 . It can take years for an agency to process a report and take action, leaving the worker without protection or their livelihood.

There are also issues with the codes governing violations and how they are handled by agencies like OSHA, which need to be updated with a more timely follow-up process.

Finally, workers need to prove that wrongdoing and retaliation took place, which can be challenging, especially if the retaliation was of the subtle social kind or if threats were verbal and not in writing. For instance, if you were fired in retaliation for reporting that your employer required you to take 30 minutes off your timecard but didn’t actually give you that time off for a lunch break, you have to prove you were fired for that (which would also constitute a wrongful termination) and not for some other cause. The larger the employer, the more resources they have to fight your claim and make it look like you were fired for poor performance or another reason. They may even begin writing you up for petty offenses to create a “paper trail” to justify your firing.

What Should You Do if You Believe You Have Experienced Workplace Retaliation for Whistleblowing?

Because of all these difficulties in reporting and proving retaliation, it’s wise to consult with an experienced attorney if you believe you have been the target of whistleblowing retaliation. A law office specializing in employment issues can help on multiple fronts because they know the law and the pitfalls you face, and they have the resources to work on your case.

At Employee Law Group, we have seasoned legal experts with a track record of success who can assist with your whistleblowing retaliation case. We can help you take the right steps to protect your rights while we help determine if you have the grounds to sue an employer or former employer. Also, we can help you determine if damages may be awarded for lost or unpaid wages, lost employment, out-of-pocket expenses, or pain and suffering for emotional or physical harm. In whistleblower cases, there are further possible damages related to bringing the employer’s wrongdoing to public light to protect others from future harm.

If you believe you have been targeted with retaliation for whistleblowing in California, the team at Employee Law Group would like the opportunity to speak with you at a free initial consultation. Call us today at 310-606-0065 , or reach out online and let us know how we can help.

1099 Misclassification

Wed, 27 Jul 2022 14:57:52 GMT

1099 Misclassification

The gig economy has witnessed massive growth in the last decade, fueled by the 2008 recession and the more recent pandemic. But are all the workers who file 1099s with the IRS really independent contractors? In many cases, these workers have been misclassified and are actually employees of the companies they work for. Here’s the essential information you need to know about 1099 misclassification and what to do if you believe you have been misclassified as an independent contractor when you’re really an employee.

What Is 1099 Misclassification?

When an employer classifies workers as 1099 contractors (often called freelancers, independent contractors, or self-employed people) instead of formally making them employees, this is known as “misclassification” or “1099 misclassification.” It takes its name from IRS Form 1099, which clients send to contractors in order to pay their taxes (versus the W-2 form that employees receive as a wage and tax statement).

Sometimes misclassification is a genuine mistake on the part of the employer, but more often it is done intentionally, making it a form of fraud. Just because an employer says a worker is a 1099 contractor and not an employee doesn’t make it so, as we discuss below, even if they have the worker sign a contract to that effect.

Why Do Employers Misclassify Workers?

Companies misclassify their workers as independent contractors to save money and increase their profit margins. When a worker is a 1099 contractor and not an employee, the employer doesn’t have to pay minimum wage, overtime, or payroll taxes, like Social Security. The employer also is not required to pay for sick time, family leave, or vacations. They don’t pay health benefits either, which is a huge savings for them.

Additionally, employers who misclassify employees as freelancers do not have to comply with many other laws regarding meal and rest breaks during work hours. They may not be subject to laws regarding workplace safety, which allows employers to cut corners when it comes to manpower and expenses. Companies that technically don’t have any employees and just use misclassified contractors to do work can get away without having a human resources (HR) department, which further saves on money that goes right to their bottom line.

How Does 1099 Misclassification Hurt Workers?

You might be tempted to think that it doesn’t matter whether you’re a 1099 contractor or employee. It’s all just IRS lingo, right? Wrong.

Misclassification hurts workers who should really be employees by denying them many rights and benefits that should be theirs, including:

Tax advantages (self-employed individuals pay higher taxes)
Minimum wage
Overtime pay
Meal and rest breaks
Protection against discrimination, harassment, and retaliation
Health insurance
Paid time off for sick leave, family leave, and vacations
Retirement accounts (401K), pensions, stock options, and other perks
Workers compensation insurance for injuries on the job
Unemployment insurance if laid off
Legal right to organize or join a union

In most cases, it’s much more difficult to make a case for workplace retaliation, including after whistleblowing, if a worker is a 1099 contractor and not an employee.

The Misclassification Conundrum in California

California has been at the forefront of protecting workers who have been misclassified as 1099 contractors. State legislation was passed recently (Assembly Bill 5, more commonly known as AB 5) to clarify which category workers belong in, and proposed federal regulations followed suit (the PRO Act).

However, this legislation has been the subject of debate both within California and nationally because some parties feel it doesn’t do enough while others believe it goes too far in making workers employees. As recently as this summer, for example, owner-operator truckers have been protesting that they actually want to be their own bosses and not employees of a company.

Likewise, journalists and freelance writers have also bristled at AB 5 because of the way the bill delineated their work. It would have turned clients into employers, which caused multiple conflicts for workers. For example, if you have five freelance clients who are now legally employers, which one pays your health benefits? Do they get to determine your work hours? Can they require you to commute to an office instead of working from home?

The upshot was that many media companies threatened to stop hiring workers from California, forcing the state to rethink the classification process by removing article caps for some reporters, writers, and photographers, as well as adding exceptions for business-to-business contracting jobs.

But, will clients still be skittish to hire California workers, or will they feel compelled to make them employees, even against the will of those workers? The court has yet to make a decision on similar issues for truckers, whose work is integral to preventing supply chain and shipping delays across the country.

On the other side of the coin, many rideshare drivers , such as those who work for Uber and Lyft, felt they needed better protection from misclassification as 1099 workers, and many wanted the right to organize in a union as well. They believed they should be classified as employees, which was the catalyst in large part for the passing of AB 5. However, corporate pressure and a massive PR campaign led to a victory for the companies at the ballot box, ultimately exempting these drivers from AB 5 protections, denying them many benefits and shifting the tax burden to them.

What Is the ABC Test?

At the crux of the classification conundrum in California is what is known as the ABC test to help determine if a worker should be a 1099 contractor or employee. Most workers are presumed to be employees. But you may be considered an independent contractor if it is established that:

The worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact;
The worker performs work that is outside the usual course of the hiring entity’s business; and
The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed.

An important fact to remember is that all of these factors has to be true before you can be declared an independent contractor.

What Can You Do If You Believe You Have Been Misclassified?

Clearly, worker classification is a hot-button issue and one that is evolving. It’s also a complex area of employment law. And, although some workers were perhaps mistakenly caught up in legislation like AB 5, millions more are misclassified as 1099 contractors when they should be employees. These workers are being denied income, benefits, and protections to which they’re entitled, and their employers are subject to legal penalties.

Furthermore, workers who have been misclassified may be entitled to:

Unpaid wages
Unpaid overtime
Unpaid meal and rest breaks
Penalties and interest

Do you think you have been misclassified as a 1099 worker when you should be an employee? The Employee Law Group can help you determine if you have a case and how you should proceed next. We have a team of seasoned lawyers who can advise you about this changing landscape and represent you if litigation is viable.

You have nothing to lose with a free initial consultation. Call the Employee Law Group today at 310-606-0065, or reach out online to let us know more about your misclassification case and how we can assist.

Unpaid wages

Fri, 08 Jul 2022 15:31:25 GMT

Unpaid wages: Do I need a lawyer to help?

If you did the work, you are owed the pay. It’s that simple. So, if your boss is knowingly withholding your wages, you may have a case on your hands. The question is, do you need a lawyer to help you reclaim what you are rightfully owed? Or can you go it alone?

Let’s explore these questions in more detail.

Understanding the nature of unpaid wages

Wages are more than your regular hourly rate or salary. From a legal perspective, wages include all compensation you are owed according to your employment agreement, such as commission, bonuses, and overtime.

For example, your boss might be cheating you out of fair compensation by denying you a higher overtime rate or paying you less than the ( https://www.dir.ca.gov/dlse/faq_minimumwage.htm )(as of 2022, that's $15/hour for employers with 26-plus employees and $14/hour for employers with 25 employees or less).

Unpaid wage claims are not always cut and dry. Employment agreements often include ambiguities, which can make it difficult to prove you are owed commission or bonuses, for example. In addition, larger companies are often well-versed in navigating employee disputes and likely have safeguards at the ready should an individual file a claim. In these instances, help from an experienced attorney is your best chance to reclaim the wages you are owed, along with legal penalties plus damages for your time, effort, and emotional distress.

How common are unpaid wages?

Unfortunately, if you have worked without fair and timely pay, your story is not unique. US workers lose billions annually because on unpaid wages. Minimum wage violations alone cost employees $8 billion annually, an average of $3,300 per year for full-time workers. What’s more, 17 percent of low-wage workers experience wage theft, regardless of their demographics. That’s almost one in five employees.

What to do before you contact a lawyer

If you believe your employer has underpaid you or withheld funds you are owed, the first step is raising the issue directly with them. In many cases, unpaid wages are the result of a mistake or oversight and are promptly resolved. So, reach out to your boss before you contact a lawyer. Remember to remain cordial, polite, and professional – anything you say in person or via email or text could later be used as evidence. If you speak over the phone, send a follow-up email detailing what was discussed and any agreed-upon next steps.

If your employer agrees to right their wrong, there is no need to contact a lawyer. However, if they refuse or retaliate against you, get on the phone with a lawyer as soon as possible.

How an employment lawyer can help

Gathering evidence

If you file an unpaid wages claim, the burden of proof is on you, which means you’ll need to put together enough evidence to prove that you were illegally underpaid. Here are some examples of the evidence you and your employment attorney will collect:

Time records. This includes all records you have kept of the hours and dates that you worked.
Paychecks. Keep hold of paychecks and paystubs that show how much you were paid during the period you are claiming for. This includes paychecks that bounced because your employer had insufficient funds or the account didn’t exist.
Employment agreement. Your employment agreement should outline your basic employment information, such as your hourly rate (if applicable), overtime rate, your shift schedule, commission, bonuses, and your regular payment schedule.
A record of expenses. If you weren’t reimbursed for work-related expenses, your employer owes you. So, keep a record of your expenses, including receipts.
Communications. The conversations you had with your employer about your unpaid wages are evidence. If you speak on the phone, a follow-up email can be used to prove the conversation took place.

Preparing your case

Your lawyer will then prepare a strategy by applying the law to the facts of your case. They will pre-empt your employer’s defenses and mitigate risk, giving you the best possible chance of being awarded the funds you are owed. They can also help you steer clear of the common pitfalls employees fall into when filing unpaid wages claims on their own.

Maximizing your compensation

An experienced employment lawyer can maximize the compensation you are awarded should your claim be successful. This includes:

Back wages. Back wages or back pay is the amount of money your employer owes you if your paycheck bounced, your pay rate was below the minimum, you weren’t paid your rightful overtime rate, or your wages were unpaid for some other reason.
Legal penalties. Caliifornia has strong laws that punish employers who steal their workers’ wages. Often these are in the form of penalties that can add up and mean significant award for you in addition to your stolen pay.
A higher ongoing wage. If your wage was below the state minimum, you may be awarded a permanent pay raise.
Bonuses and commission. If included in your employment agreement, bonuses and commissions are wages, which means you are entitled to them in full.
Pain and suffering. Unpaid wages can have far-reaching consequences. If you experienced emotional pain and suffering or retaliation from your employer, your lawyer might be able to help you secure additional financial compensation.

How to find the right lawyer

Your legal counsel can make or break your case, so before you decide on a lawyer, do you research. Look for attorneys that specialize in employment law, which is nuanced and ever-changing.

At Employment Law Group, we have more than three decades of experience serving employees in California. We understand the ins and outs of employment law, and we know exactly how employers try to brush off their responsibility and get away scot-free. Ensuring you are treated justly and paid fairly are our priorities, and we leverage a creative approach to anticipating your employer’s next move.

Schedule your confidential consultation

Your employer has no right taking money out of your pocket. If they haven’t paid you for the work you’ve done, they could be acting against the law. Don’t wait. Get in touch today and let’s dig into your case.

Schedule your confidential consultation today , and let’s work toward a just outcome.

Pregnancy Discrimination

Fri, 08 Jul 2022 15:17:03 GMT

Eighty-five percent of working women will become mothers at some point during their career, and according to the United States Census Bureau, women are returning to the workplace sooner after childbirth than ever.

However, if you feel you have been discriminated against for being pregnant or for another pregnancy-related reason, you’re not alone. More than 50,000 pregnancy discrimination claims were filed nationwide in the last decade. Let's dive into pregnancy discrimination, its effects, and what you can do about it.

Defining workplace pregnancy discrimination

Workplace pregnancy discrimination encompasses the unfavorable treatment of an employee or job applicant because they are pregnant or for another pregnancy or childbirth-related reason.

Under the Pregnancy Discrimination Act (PDA), pregnancy discrimination applies to all facets of employment, including hiring and firing, job assignments, pay rates, training, promotions, benefits, layoffs, health insurance, and other conditions and terms of employment. In addition, pregnancy discrimination occurs when pregnant employees are mistreated – subtly or explicitly – by their colleagues, managers, and boss. Things like social isolation and negative stereotyping can constitute discrimination. So, too, can lower performance expectations, shifting less preferred assignments to a pregnant employee, and rude interpersonal interactions, such as invasive comments and jokes. Even “special treatment” meant to “protect” pregnant workers can be discrimination if it results in worse job conditions for the pregnant person, like fewer responsibilities or limited opportunities for advancement at work..

The far-reaching effects of workplace pregnancy discrimination

A ground-breaking Baylor University study nvestigated the effects of workplace pregnancy discrimination. Published in the Journal of Applied Psychology , the study surveyed 252 pregnant employees about their experience in the workplace, including perceived pregnancy discrimination, stress, and postpartum depression. Researchers also measured the babies’ health, including gestational age, birth weight, and the number of visits to the doctor.

The results of the study found that workplace pregnancy discrimination has adverse effects on both the mother’s and baby’s health. Experiences of pregnancy discrimination correlated to higher rates of postpartum depression among mothers and lower birth weights and a higher number of doctor visits among babies.

Evidence to prove pregnancy discrimination

The effects of pregnancy discrimination in the workplace can be profound. If you have experienced discrimination, an employment lawyer can help you secure the compensation you deserve by collecting evidence, applying the law to your case, and fighting for your best interest.

An attorney can use two types of evidence to prove your case: direct and circumstantial.

Direct evidence of pregnancy discrimination

Direct evidence essentially proves that your employer discriminated against you knowingly and can therefore make your time in court a little easier.

What might direct evidence look like? Here’s an example. Let’s say you put your hand up for a job assignment that involved traveling across the country. In an email, your boss said something like: “You’d be my first choice for the project if you weren’t pregnant. This is a long-term role, and you won’t want to travel after your baby is born."

In this example, it’s plain as day that pregnancy (and your boss's outdated assumptions and biases) was the reason you missed out on the job.

Circumstantial evidence of pregnancy discrimination

Circumstantial evidence is not as strong as direct evidence but can still be enough to convince a judge or jury that you were discriminated against.

Circumstantial evidence generally shows that your employer made a decision they wouldn’t usually make, which may not make business sense. Let’s go back to the example above. Now, imagine your employer had been updating you on this project for months. They hadn’t outwardly stated that you’d be given the assignment, but it was assumed. When you announced your pregnancy, your boss suddenly stopped speaking with you about it. In the end, another employee, who was not as qualified as you receives the assignment.

In this case, your employer didn’t admit to acting in a discriminatory way. But when you put the pieces of the puzzle together, the picture is pretty straightforward.

Often, circumstantial evidence comes down to timing. Pregnancy is temporary, which means if a sudden change in treatment comes soon after you notify your employer of your pregnancy, you could reasonably infer that they were discriminating against you. Here are some examples:

You were fired shortly before your parental leave kicked in.
You were fired because of ‘performance issues,’ but other employees with similar performance issues were given a warning instead.
Your employer has a pattern of treating pregnant employees differently. For example, they might terminate employees before they reach their third trimester.
Employees who go out on maternity leave never seem to come back, even if they said they wanted to.

Speak with an attorney

If you believe you have been wrongfully treated in the workplace because you are pregnant or have a pregnancy or childbirth-related condition, speak with an employment attorney.

If you still have your job but feel it’s at risk, a lawyer can contact your employer and remind them that workplace discrimination is not legal. They can also guide you on how to best protect yourself and your employment. If you have already been terminated, a lawyer can review the facts of your case and advise on the best path forward. If you decide to make a claim, they can help you recover:

Back pay – the wages you missed out on due to your employer’s discriminatory behavior
Benefits and bonuses – other funds you were denied but were rightfully owed
Pain and suffering – financial compensation for the stress, emotional turmoil, and other harmful effects experienced by you and your baby

Start the process today

Pregnancy discrimination is not legal, and if your employer acts in opposition to pregnancy discrimination laws, they are liable to pay.

If you are ready to start the process, we are prepared to help. Pregnancy should be a time of excitement and happiness, not workplace stress and anxiety. You are entitled to recover lost wages, opportunities, and benefits, as well as financial compensation for the emotional pain and suffering and lawyer fees.

Employee Law Group - Wage Theft

Mon, 30 May 2022 15:52:53 GMT

A guide to wage theft for employees

A Texas barbecue restaurant owes its workers nearly $900,000 in unpaid wages and stolen tips, according to a recent finding by the U.S. Department of Labor. Investigators found that Roanoke Hard Eight was taking tips from servers and pooling them in a group that included managers while also denying managers proper overtime pay over the past two years.

The case illustrates two very common examples of wage theft that we run into at Employee Law Group : stolen tips and unpaid overtime.

What does wage theft look like?

Wage theft – when employers keep money that rightfully belongs to workers – is a huge problem in the United States. Wage theft usually occurs through one of the following:

Failure to pay for all hours worked
Minimum wage violations
Unpaid overtime or working “off the clock”
Not permitting meal and rest break
Not paying premiums for missed breaks
Not reimbursing business expenses like mileage or cell phone usage

The reality of wage theft in the U.S.

The Wage Justice Center says that every year $1.4 billion is stolen from workers in Los Angeles alone – that’s $26 million every week. In 2014, the Economic Policy Institute found that the nationwide cost to workers from stolen pay was $50 billion a year . That’s more than the annual budget of 39 states . And the problem is not limited to small businesses or shady sweatshops. According to a report by Good Jobs First, Walmart paid $1.5 billion in wage penalties while FedEx paid half a billion, and Bank of America and Wells Fargo each paid more than $200 million.

The rules you need to know to protect yourself

Our attorneys at Employee Law Group have seen too many cases of workers, often those on the lower end of the pay scale and vulnerable to crooked bosses, getting their paychecks shaved by these kinds of devious and unlawful practices. Many employees are cheated simply because they don’t know the rules, so here are the basics:

Once you are under your employer’s control, you are “on the clock.” Your employer can’t require you to come in and “prepare” for work before you clock in. If you have to prepare your workplace – for example, fuel up and load your truck, show up at a specific place to get in a company vehicle to drive or be driven to a worksite, or turn on the office lights and printer and computers before you can start doing your job – that counts as work time, and you must be paid for it.
You must be paid at least the minimum wage for all hours you work. You cannot be forced or agree to accept less. In California, as of January 1, 2022, the minimum wage
is $14 per hour for places with 25 or fewer employees and $15 per hour for 26 or more employees. Some cities and counties have higher minimum wages, so you should check local laws to confirm.
All hours worked more than eight in a day or 40 in a week are paid at 1.5 times your regular hourly rate. If you work more than 12 hours in a day, that’s paid at double your normal rate. If you work seven consecutive days in a pay period, the seventh day is paid at time-and-a-half for the first eight hours and double-time for everything after that.
If you are a tipped worker, employers and managers cannot be “tipped out” or pooled in with tipped employees. An employer or manager who violates this law is guilty of a misdemeanor and can be jailed and fined. Tips cannot be deducted from your hourly wage, and fees cannot be taken for tips paid with credit or debit card.
Non-exempt employees are entitled to two 10-minute breaks in a full day’s shift – one in each half of the workday. They are also entitled to a 30-minute off-the-clock meal break if they work at least five hours in a day and must get that break before their fifth hour of work. If they’re working no more than six hours, they can waive their meal break. If they work more than 10 hours, they’re entitled to two meal breaks. During these breaks, the worker must be completely free from work responsibilities, such as answering phone calls, texts, or emails, and must be free to leave the workplace if they wish. If they are denied these breaks – for example, they’re required to be “on-call” or take their meal while still working – they are entitled to a penalty of one hour’s pay for missed rest breaks and one hour’s pay for missed meal breaks.
If you are required to use your personal vehicle or personal mobile phone for work or incur any other expenses out of your own pocket to do your job, you must be compensated for it. In the case of your car, you should be paid mileage at the federal rate 58.5 cents per mile , or the cost of fuel with receipts. For mobile phones, a reasonable rate for reimbursement is usually about 25-50 percent of your monthly fees, depending on how much you use your phone for work.
If you are contacted by your employer after your regular shift and are required to respond before your next regularly scheduled shift, this is called “reporting time,” and you are entitled to no less than two hours’ pay. For example, if you finish your workday at 6 p.m., and your boss calls or texts you at 8 p.m. to ask you a question that requires you to answer immediately, that’s two hours, even if it only takes you 10 minutes for the conversation. If it takes more than two hours, you’re entitled to pay for the whole time.
Having the title of “manager” or “supervisor” does not automatically make you exempt from overtime, meal and rest breaks, and other benefits non-exempt workers enjoy. To be exempt in California, you must make at least twice the minimum wage ($58,240/year for 25 or fewer employees and $62,400/year for 26 or more). You must also be salaried and work in executive, administrative, professional, outside sales, or certain computer roles for more than half of your work time. If you can’t set or change policy, effectively hire and fire employees, or exercise discretion and independent judgment without oversight, you are not a manager for purposes of determining whether you are exempt.

How to protect yourself against wage theft

These are just some of the ways employers can take money out of your pocket and put it into theirs. If you believe you’ve been a victim of wage theft, it’s essential that you keep records of your working hours, your rates of pay, times when you weren’t allowed breaks, expenses that weren’t reimbursed, and every other incident you believe led to you being denied your true wages. If you’ve complained to your boss about it, memorialize those conversations in writing, such as by sending a follow-up email. And if you’ve been retaliated against for complaining about wage theft, you should reach out to an experienced employment lawyer right away.

Secure the money you are owed

We at Employee Law Group know that’s wrong, and we’re here to help you get that money back. Our attorneys have over 75 years of combined experience defending and vindicating workers' rights. We know how to get you paid quickly and fairly, often without filing a lawsuit. Reach out and speak to one of our lawyers today for a free consultation to find out how we can best help you get what you’ve earned.

Employee Law Group - Age Discrimination

Mon, 30 May 2022 15:38:00 GMT

How an employment lawyer can help you claim damages for age discrimination

No one in your workplace – not your boss, supervisor, or colleagues – can treat you unfavorably because of your age. They cannot fire you because of your age, fail to promote you, deny your medical leave request, or make harassing comments because of your age. And if they do, you may be entitled to damages.

If you believe you are experiencing age discrimination in your work environment, an employment lawyer can help. Let’s unpack the rules, burden of proof, and potential compensation.

I am not sure if I was discriminated against because of my age – now what?

Age discrimination is not always black and white. In some cases, an employer’s actions are explicit – they might make a harassing age-related comment or outright tell you that you are being denied an opportunity because you are 40 years of age or older.

But in many cases, determining whether you were treated a certain way because of your age can be challenging to prove with certainty. This is because age discrimination comes in many different forms and results in many different outcomes. For example, you might be forced to transfer, your salary might be reduced, or you might be demoted.

So, how can you figure out if age played a role? Ask yourself the following:

Have you been at the company for many years longer than the person awarded the benefit instead of you?
Is there a pattern of older staff being allocated less favorable or lower-responsibility tasks?
Did your boss start treating you differently after you reached a certain age?
Are older employees encouraged to retire earlier than they want to?
Does your employer tend to fire employees with higher salaries?
Do your boss and other senior leaders make harassing age-related comments frequently?

If you answered yes to any of the above, age could be an influencing factor in your boss's or colleague's behavior.

What kinds of evidence do I need to support my age discrimination case?

When making a claim, the burden of proof is on you and your lawyer. That means you’ll need to collect evidence that supports your side of the story. Here are some of the types of evidence you might gather and share with your lawyer:

Communications related to your age discrimination experience. Did you send an email to HR lodging an age discrimination complaint? Did you share your experience with a colleague, friend, or loved one via text? Did you confront your boss directly? This ‘paper trail’ is crucial in pleading your case. If you have used your work email to send relevant messages, be sure to forward them to your personal account. Your employer can access your work emails and potentially lock you out. Finally, if you discuss anything related to your experience of discrimination over the phone, send a follow-up email so you have proof of the conversation.
Documents and records related to your employment. This includes your timecards, written notices, job application documents, and recent and historic pay stubs. These documents can be used to demonstrate your employer’s discriminatory acts.
Evidence of harassing comments. If you have experienced age discrimination in the form of harassing comments, there are several ways you can prove it. You can create a log of the remarks made, jotting down the statement itself and the date, time, and situation. You can take photographs of any intimidating letters or vandalism. You can also share the comments with a trusted person who can later vouch for your experience.

Collecting evidence can feel like a daunting task, one that involves reliving negative experiences you’d prefer to forget. Know that you don’t have to go it alone. With a qualified attorney in your corner, the burden of proof is shared. And with expert insight, your lawyer can help you uncover evidence you may not have considered yourself.

What can an employment lawyer help me achieve?

An employment lawyer can help you secure the compensation you are entitled to. By gathering evidence and applying the law to the facts of your case, a lawyer can help you claim the following:

Back pay. Back pay – sometimes called back wages – is an amount of money owed to an employee after they were underpaid by their employer. If you were underpaid or wrongfully terminated due to age discrimination, you may be entitled to back pay.
Bonuses. In addition to unpaid wages, you can claim bonuses. If your boss refused to pay you a bonus because of your age or a bonus was awarded to someone else who was equally qualified but younger, you may be awarded a sum equal to that bonus.
A higher wage or promotion. If you were demoted, refused a pay rise, or denied a promotion you are qualified for, a lawyer can help you achieve the benefit you missed out on.
Emotional pain and suffering. Age discrimination can have financial repercussions. But, it can also cause emotional pain and suffering that can reduce productivity, affect your work performance, and even damage relationships. A lawyer can help you secure financial compensation for these experiences.

Do I need a lawyer, or can I go it alone?

It’s not compulsory to enlist the help of legal counsel when making an age discrimination claim. However, it is highly recommended. Age discrimination cases can be tricky to navigate and prove. From collecting evidence to building a winning strategy, a lawyer can help you avoid common mistakes, missteps, and pitfalls.

In addition, a lawyer can increase the damages payable to you by your employer, ensuring you are justly compensated.

Secure the damages you are entitled to

Age discrimination in the workplace can be against the law, so contact the Employee Law Group team if you believe you have a case. We have more than three decades of experience helping employees like you navigate their legal claims and secure the damages they are entitled to. We know how employers are likely to respond, and we can remove ambiguities with hard evidence.

If you are ready to claim the damages you deserve, let’s talk. Schedule your confidential consultation today.

Employee Law Group - Sexual Harassment

Thu, 28 Apr 2022 16:09:10 GMT

Experienced sexual harassment in the workplace? Here’s how an employment lawyer can help

Your workplace should feel safe. It’s somewhere that should empower you to grow personally and professionally. It’s somewhere you can learn, connect, and communicate. It’s not somewhere you should feel harassed, sexually or otherwise.1

Unfortunately, sexual harassment in the workplace is not uncommon. Almost one in four women have experienced it, and worryingly, 46 percent of employees fear retaliation for speaking up.

If you have been on the receiving end of sexually harassing behavior, there is hope. An employment lawyer can help you fight the harasser and claim the damages you are owed.

What types of workplace sexual harassment can a lawyer help you fight?

In the state of California, employment lawyers can help employees secure compensation for two types of workplace sexual harassment.

‘Quid pro quo’ sexual harassment – This involves a supervisor asking for sexual favors in exchange for on-the-job benefits, such as a bonus, promotion, or preferred assignment. Quid pro quo also includes situations where refusal of sexual conduct results in adverse professional outcomes. For example, a supervisor may threaten to fire an employee or not hire a job applicant.
‘Hostile work environment’ harassment – This occurs when unwanted sexual advances, conduct, or comments are so pervasive or so disturbing that they alter the work environment for the victim, making it difficult or impossible to be productive.

Quid pro quo sexual harassment requires a power imbalance and therefore is typically perpetrated by managers, supervisors, bosses, executives, and company owners. In contrast, sexual harassment that constitutes a hostile work environment can be committed by any person in the workplace, including co-workers, customers, unpaid interns, job applicants, vendors, and independent contractors.

The person behind the harassment can play a role in determining the outcome. For example, in most cases, victims have a better chance of holding a company accountable for harassment committed by employees compared to non-employees. Contact us to discuss how this relates to the unique specifics of your case.

Are you responsible for proving the harassment? Does a lawyer help you gather evidence?

When filing a workplace sexual harassment claim, you are responsible for proving that it happened. In other words, the burden of proof is on you.

To prove quid pro quo harassment, you will need to demonstrate the following:

You were employed by, applied for a job with, or provided professional services to the defendant.
A manager, supervisor, or someone else working for the defendant committed unwelcome sexual advances.
The harasser offered a benefit or favorable working condition in exchange for compliance with the unwelcome sexual advances. This was either insinuated or communicated explicitly verbally, via email, or through text.
You were harmed as a result of the harassment.

According to amendments made to FEHA in 2018, you may not have to prove that your productivity suffered significantly. This used to be the case. Now, however, you do not have to show that your “tangible productivity has declined as a result of the harassment.”

Instead, you have to prove that the harassment made your duties more difficult to complete.

The good news is, an employment lawyer can help you source, gather, and organize evidence to support your case. For example, they might request email communications and speak with colleagues and other people who may have witnessed the harassment. A lawyer can also uncover repeated harassment — sometimes, a supervisor that perpetrates quid pro quo sexual harassment with one employee does the same to other employees.

Can a lawyer help me file a claim against my employer?

Yes. If you have been sexually harassed in your workplace, you may have a viable claim. It doesn’t matter what your gender, race, or religion is. It does not matter if the perpetrator was the same or a different gender from your own. You have the right to feel safe in your workplace, and sexual harassment is not conducive to a happy, healthy, and productive environment.

Wait. I waive my rights in my employment contract. Can I still file a claim?

We hear you. If the employment contract you signed included a clause that waived your rights to sue your employer, you can still file a sexual harassment claim. This California law was introduced in 2018 and ensures employers cannot be released for liability for harassing behavior in exchange for a bonus, raise, or new or continued employment. This applies even if your contract states otherwise.

What damages can an employment lawyer help me recover?

The effects of workplace sexual harassment can be life-changing. The victim may lose wages and experience ill health in the short term. In some cases, they may end up unemployed. In the longer term, this can lead to financial and relationship strain. That is why securing the monetary compensation you are entitled to can make all the difference as you move forward.

A lawyer can help you recover different types of damages in a sexual harassment lawsuit, including:

Back and front pay
Mental anguish
Loss of reputation
Pain and suffering

In addition, if you win your lawsuit, the court may award you the following:

Attorney’s fees
Court expenses
Punitive damages
Expert witness fees

If a settlement is reached, it cannot include a gag provision , either. This law only came into effect on January 1, 2019.

Employee Law Group - Unpaid overtime

Thu, 28 Apr 2022 16:04:08 GMT

How an employment lawyer can help you claim unpaid overtime

In California, you are protected by federal and state labor laws, regardless of your birth country or legal status. These laws kick in the second you are hired and ensure you are compensated for your regular work hours and overtime according to your employment agreement.

If your employer refuses to pay you overtime, they could be breaking the law. And if they are breaking the law, an employment lawyer can help you claim the funds you are legally owed.

First, let’s set the facts straight

Your boss is required to compensate you for overtime work. It doesn’t matter the time of day or day of the week. It doesn’t matter if you stay back 15 minutes or two hours. Your time is valuable and deserves compensation.

For most salaried employees, overtime refers to work you complete outside of your regular work hours. Generally, overtime kicks in when you have worked more than eight hours in a single day or more than 40 hours or six days in a single week.

Is every employee in California entitled to overtime pay? In most cases, yes. Of course, there are unique situations, but labor laws obligate most employers to pay their workers for overtime hours. How much varies, too, but at minimum, overtime pay should be one and one-half (1.5) times your usual hourly rate.

What should you do if your employer hasn’t paid you for overtime work?

You just received your paycheck, but something’s not quite right. You know you worked overtime several days in the previous pay cycle, yet you can’t see any overtime pay on your payslip. Now what?

Before you escalate the situation, speak with your employer. By giving your boss the benefit of the doubt, you might just find your unpaid overtime is a simple mistake or misunderstanding. If your employer then promptly rights their wrong, you get away with little more than a minor inconvenience.

When communicating with your boss about unpaid overtime, be kind, cordial, and professional. Attacks and accusations may put your boss on the defensive. You don’t want this – it could sabotage your chance at a prompt and pain-free resolution while pitting you and your employer against each other. Worse yet, correspondence relating to your unpaid overtime could be read aloud if the case escalates to a courtroom.

Things get a little trickier if your boss refuses to pay you after you approach them. This means they are knowingly denying you pay, an act that could be unlawful. The best way to move forward in this situation is to contact a reputable and experienced employment lawyer.

How can an employment lawyer help your unpaid overtime case?

While navigating employment law can be challenging, the truth is simple: Your boss cannot withhold wages, nor can they delay paying them. If you are owed payment for overtime hours under the law, an employment lawyer can help you get your hands on those funds. Here’s how:

An employment attorney can ensure you avoid common pitfalls and landmines that many employees fall into when filing a claim on their own. With years of experience, a lawyer has seen it all before. They know what works, what doesn’t, and the tactics your employer will likely use to defend their side of the story.
They can uncover and collect evidence and information relevant to your case. This might include things like emails between you and your boss, your contract, and even conversations you’ve had about your unpaid overtime with others.
A lawyer can determine whether your experience is a one-off or if other employees are being denied their overtime pay.
They can then apply the law to your unique circumstances, even if the evidence collected leaves room for interpretation.
An employment attorney can build a high-powered strategy that increases your likelihood of success. In some cases, this strategy may include raising the damages you are owed, which means more funds in your pocket.

How can an employment lawyer help your unpaid overtime case?

Having pay withheld is not a positive experience. It can lead to confusion, distrust, and anger. If you rely on your paycheck to meet financial obligations, unpaid overtime can lead to significant inconveniences.

While unpaid overtime is not your fault, you can take steps to protect yourself. Here are a few tips to help you avoid this situation in the future:

During the negotiation process, ensure that your payment terms are detailed accurately and explicitly. Ambiguous terms give employers leeway to twist the narrative and defend themselves in the courtroom. If you are unsure whether a proposed employment contract is detailed enough to protect your interest, have a lawyer look over it before you sign. This can give you the peace of mind needed to move forward.
If you are already employed, revisit your contract. Do you understand the compensation you are entitled to? Are there any special terms that may enable your employer to avoid paying you without penalty?
Save any communications with your employer relating to your pay and overtime. If discussions occur via email, forward them to your personal email account. If they happen over the phone or in person, send a follow-up email reiterating the main points of the discussion. This ‘paper trail’ can make or break your case – remember, if you are filing a claim against your employer, the burden of proof rests on your shoulders.

Let’s win back the overtime pay you are owed

The law is the law. As an employee, you are protected. Overtime pay is not optional. Your boss can’t ask you to come in early or stay late without compensation. Contact the Employee Law Group today if you believe you are owed overtime pay.

We leverage decades of experience to get you the money you are legally entitled to. We know employment law inside and out, and we have helped countless employees win the overtime pay they are owed. Schedule your confidential consultation today , and let’s hold your boss responsible.

Employee Law Group - Whistleblower

Tue, 22 Mar 2022 16:17:39 GMT

Blow the whistle: California laws protect whistleblowers against retaliation

Ask around, and you will probably hear a story or two about a friend or relative who’s been asked to do something shady—maybe even illegal—at work. Or perhaps you have a story to tell. It’s a pretty common experience.

We’re talking about things like being required to work off-the-clock, asked to change a coworker’s timecard to trim off time, reusing soiled disposable materials, removing safety equipment from machinery, or falsifying records on a loan application or a patient’s chart. This sort of thing happens all the time when the company cares more about profits than the people who work for them and the people they serve. Unscrupulous bosses get away with it by threats, spoken or unspoken, that the employee who resists might soon be unemployed.

A lot of people who are put in that uncomfortable position reluctantly go along with it. After all, saying “no” can cost you your job, and your landlord won’t accept “I did the right thing” instead of the rent.

But you might not have to lose your self-respect to keep your job.

Laws protecting whistleblowers in California

California has many laws that protect whistleblowers against retaliation, including demotion, cutting back hours or wages, and even termination. These laws make it illegal for your boss to punish you for refusing to break the law or reporting coworkers who did. And a recent decision by the California Supreme Court makes those laws even stronger.

In Lawson v. PPG Architectural Finishes , decided in January 2022, the Court ruled that the employees don’t have to prove that they were fired only because of the whistleblowing but that it was a contributing factor. This changes decades of legal interpretation that gave the employer a chance to say that there was some other lawful reason to justify firing the whistleblower. If they could show any decent reason, the worker was out of luck. Anyone but a squeaky-clean employee would have a hard time winning against those odds.

This new ruling is great news for workers who have had to grit their teeth and silently watch bad things happen for fear of losing their paycheck.

How to protect yourself before and after whistleblowing

At Employee Law Group, we have handled dozens of whistleblower cases and helped our clients recover wages and benefits taken from them because they tried to do the right thing. So if you’re currently in a job where you are sick and tired of watching laws get broken, workplace safety rules get violated, or patient care get sacrificed so the boss can cut corners and make a few more dollars, or if you’ve been punished for complaining about any of these things, you can come to us for experienced, personal legal guidance.

Here are a few important things you should do before and after you blow the whistle:

Document the violations as much as you can if you’re able. Keep copies of documents or take photos of the situation that you believe is breaking the law.
Make your complaints in writing. Use email or texts and keep a copy for yourself. If you use a work email, bcc your personal email address. If you get fired, your boss will lock you out of your work email, and those emails will be lost unless you keep a separate copy.
If you are asked to participate in an illegal act, you can say no—the law protects you from retaliation for refusing to take part. If you feel like you have no choice and will lose your job if you don’t go along with it, complain in writing: “I’m upset that I was forced to [do something I think is illegal]. I should not have to break the law to keep my job.” This will help prove that you were not a willing participant.
If the violation is serious enough, contact the proper authorities. Whether you complain to HR, a government agency, or the police, the law protects you. If the illegal act puts your safety or someone else’s at risk, a quick call to the local police, the medical board, or Cal/OSHA could save a life—and your conscience.
Once you’ve made your complaint, keep track of every unusual occurrence that feels like punishment. Did you get taken off a project? Were your hours cut? Were you denied a promotion? Is your boss suddenly singling you out for harsh criticism and discipline? Have you suddenly found yourself getting called into HR for minor offenses that everyone else gets away with? All of these are acts of retaliation, and they are illegal.

An important thing to remember in all of this is that HR is not there to protect you—they work for the company and want to keep their jobs, too. So, if you complain to HR, keep a record, just like you would in any other situation. You don’t want to find yourself in court facing a witness who just can’t seem to remember the many, many times you told her that you were upset about the illegal things happening on the job, but you have no proof.

Another important thing: if it feels like they’re creating a “paper trail” to justify firing you, they probably are. As soon as you feel you’re getting pushed out the door, call Employee Law Group. You need an experienced legal guide to help you find the path to your best result. That means knowing what to say and who to say it to… and what not to say.

Keep your job—and your conscience

If you believe your boss is retaliating against you because you refused to participate in illegal activity or you called them out for doing the wrong thing, get in touch now.

You don’t have to break the law to keep your job. Backed by three decades of experience, we can help secure the damages you deserve. Schedule your confidential consultation now.

Employee Law Group - Unpaid Bonus

Thu, 24 Feb 2022 16:26:00 GMT

How an employment lawyer can help you win unpaid bonuses

Employees in California are entitled to compensation for the work they carry out, and they depend on their employers doing the right thing. Compensation comes in many forms, including bonuses. So, what happens when your employer doesn’t pay the bonus you believe you are entitled to? Can you take legal action?

Let’s examine unpaid bonuses, how you can protect yourself, and how an employment lawyer can help you reclaim the funds you are owed.

The two types of bonuses

There are two main categories of bonuses under California law: discretionary and non-discretionary, sometimes referred to as unearned and earned.

Discretionary bonuses are paid as ‘gifts’ during the holidays or other significant occasions. These bonuses are not dependent on the number of hours worked, efficiency, quotas, or any other production or work performance measure. They aren’t part of your compensation package, either. Instead, they are paid at the discretion of your employer. An example of a discretionary bonus is a Christmas bonus. Even if you have received a Christmas bonus from the same employer for nine years, that employer is under no legal obligation to pay a Christmas bonus in the tenth year.

Non-discretionary bonuses are earned – they are paid as part of a contractual work-performance policy or a mutual understanding between you and your employer. Non-discretionary bonuses are typically connected to predetermined performance measures, such as reaching a sales target. Crucially, these bonuses are considered wages. According to California Labor Code Section 200 , employers are obligated to pay all earned bonuses when an employee meets the agreed-upon performance target.

The significance of non-discretionary bonuses

If you believe you have experienced unfair or unjust treatment in the workplace because of your disability, the

Non-discretionary bonuses are wages, and that means they are protected under the law. For one, these bonuses must be paid promptly following a successful work performance target, as outlined in Labor Code 204 .

They must also be upheld even if you quit your job or are terminated. Under Labor Code 201, employers are liable to pay all wages owed (including bonuses) immediately following termination. If you quit, unpaid wages are owed either within 72 hours of your last day at work. If you give your employer 72 hours’ notice, unpaid wages are owed on your last day.

Finally, non-discretionary bonuses are significant because they affect your overtime pay. Your overtime pay rate is based on your ‘regular rate.’ Your ‘regular rate’ is not just your base salary – it includes non-discretionary bonuses. Bonuses earned, therefore, increase your overtime pay rate.

My employer hasn’t paid my earned bonuses – now what?

If you have reached a predetermined performance target, but your employer has failed to pay the agreed bonus, the first step is speaking to your employer directly. In some cases, unpaid bonuses are little more than a misunderstanding or miscalculation. You might find that your employer is on your side and ready to right their unintentional wrong.

A quick word of warning: When talking to or emailing your employer about unpaid bonuses, do so cordially. You don’t want to aggravate the situation unnecessarily. Plus, if your unpaid bonuses case escalates, all communications between yourself and your employer become evidence. So if you wouldn’t want it read aloud in the courtroom, don’t say it or send it.

Contact a reputable employment lawyer if your employer knowingly refuses to pay your earned bonus. These kinds of bonuses are guaranteed compensation – your employer has no right to withhold these funds from you.

How an employment lawyer can help your unpaid bonuses case

An experienced attorney can ensure you receive the funds you are owed under the law. Bonuses are wages, and if your employer is contractually obliged to pay a sum when you reach a target, they cannot refuse or delay it.

The law may not always seem straightforward, but with the right help in your corner, you can protect your rights. An employment lawyer can give you the best shot of achieving a positive outcome. Here’s how:

An employment attorney can collect all the relevant evidence and information relating to your case. This includes your employment contract and communications between you and your employer. They may also uncover whether your employer has failed to pay other employees their earned bonuses.

Then, a lawyer can apply the law to the facts of your case. Every situation is unique – it takes a robust understanding of California employment law to build a solid case, particularly if the evidence isn’t cut and dry.

Finally, an employment attorney can build an evidence-backed strategy that helps you avoid the common missteps and mistakes made by employees filing a claim against their employer. In some cases, this strategy might include increasing the damages owed.

How to protect yourself against future unpaid bonuse

You are owed money you earned. It sounds simple, yet unpaid bonus claims are not uncommon. To protect yourself against the risk of future unpaid bonuses, keep the following tips in mind:

Detail the terms of your employment agreement as accurately and clearly as possible – including the specifics of any non-discretionary bonuses your employer offers. The more precisely you can do this, the better. Gaps and ambiguity may give your employer the room needed to wriggle their way out of their obligations and get off without penalty.

Understand the compensation you are entitled to. If you know that meeting goal X means receiving bonus Y, you are empowered to take action when your employer fails to follow through on their promises. You can fight what you don’t know.

If you are in the negotiation stage with a new potential employer, enlisting the well-trained eyes of a lawyer can give you the peace of mind you need to proceed with confidence. Of course, no lawyer can predict the future, but qualified legal counsel can highlight red flags in your contract and propose additions or amendments that safeguard you in the event something goes wrong.

Claim the money you are owed

If you believe you have a legal claim against your employer for an unpaid bonus, act now to claim the money you are rightfully entitled to.

Contact us at Employee Law Group. With three decades of experience behind us, we can help you navigate employment law and achieve the outcome you desire. Schedule your confidential consultation today.

Employee Law Group - Disability Discrimination

Wed, 23 Feb 2022 16:36:18 GMT

For many California workers, disabilities are a part of life. However, in some cases, disabilities have adverse effects on an individual’s employment experience. It’s a disheartening reality, but you can rest assured, knowing the law is on your side.

Disability discrimination is unlawful, regardless of whether you are living with a physical, mental, medical, or genetic disability or condition. Your employer cannot mistreat you on the grounds of your disability, and if they do, you may be able to file a case and reclaim damages. This is your guide to navigating disability discrimination in the California workplace and how an employment lawyer can help.

What is disability discrimination?

Disability discrimination takes place when a person is mistreated, treated less favorably, or denied the same opportunities as other, equally qualified people.

California law protects employees against discrimination based on a physical disability, medical condition, mental disability, or genetic condition, so long as the employee can perform the role. If that employee requires an accommodation to undertake their duties and that accommodation is neither unreasonably difficult nor expensive to supply, the employer is legally obliged to do so.

What constitutes disability discrimination in the workplace? Under the law, your employer cannot:

Wrongfully terminate your employment on the sole basis of your disability.
Pay you less than they otherwise would because of your disability.
Refuse to hire you even though you are qualified for the role because you have a disability.
Refuse to give you access to opportunities, training events, favorable assignments, and other beneficial programs because of your disability.

Alter the terms of your employment because of your disability.

Notifying your employer

If you believe you have experienced unfair or unjust treatment in the workplace because of your disability, the burden of proof is on you. In other words, it’s up to you to prove that you were treated a certain way because of your disability. For your employer’s actions to be intentional and discriminatory, they must be aware of your disability. This leads to the number-one rule when it comes to protecting yourself against workplace disability discrimination: notify your employer of your disability in writing.

While your employer may become aware of your disability through first-hand observation or a third party, they may not fully understand the nature of your disability and the impact it has on your work. If you rely on your employer to make the correct assumptions, you could be giving them room to squeeze their way out of legal responsibility.

If you are comfortable, notify your employer in writing, whether that’s an email, text message, or dated letter. Be sure to include any accommodations you require. This can help eliminate confusion or misunderstanding and prevent your employer from pleading ignorance in the case of a dispute. When the facts are there in black and white, denying responsibility becomes more difficult.

How an employment attorney can help with a disability discrimination case

No two cases are alike, and navigating the maze of employment law can be challenging if you are unfamiliar with it. Even when the facts are strong and wrongdoing seems undeniable, an employment lawyer can help you ward off any unexpected moves from your employer.

While you don’t require an attorney when filing a claim against your employer, working alongside qualified and experienced counsel is the best way to increase the likelihood of a positive outcome. Here’s how a lawyer can assist:

A lawyer will collect all relevant facts and information connected to your discrimination case. This includes communications between yourself and your employer, as well as first-hand testimony detailing the extent of your discrimination, details of specific events, and how it has impacted you.

After collecting the facts of your case, your lawyer will apply the law to your specific circumstances. This process ensures you can fight for every entitlement without running into the many common pitfalls that sabotage employees who go it alone.

Your lawyer will build a compelling and creative case that responds to your employer’s defense. This strategy can also maximize the financial damages you will receive if and when the case is won.

Finally, if your employer contests your claim (which often occurs), your lawyer can prepare and present legal arguments and related evidence. This could take place in court.

No case is airtight. But those who step into the legal process without representation may lose their case or significantly reduce their compensatory damages because of mistakes that a lawyer would not have made.

What type of damages can a lawyer help me claim?

If you decide to contact a lawyer, they can help you achieve one or a combination of these outcomes:

Your employer gives you a promotion, favorable assignment, training opportunity, job placement, or any other workplace benefit you are qualified for but were denied because of your disability.

Your employer pays all owed wages and bonuses.

Your employer pays you compensatory damages that help minimize the financial loss you experienced due to the discriminatory acts.

Your employer is liable for punitive damages that help protect other employees and people in your workplace from experiencing disability discrimination.

Get qualified legal counsel on your side

Your rights as a California employee are protected, which means your employer’s discriminatory behavior is unlawful. Therefore, if you have been denied opportunity, fired, or underpaid because of your disability, you can successfully claim the damages you deserve.

With over 25 years of employment litigation experience, Employee Law Group is ready to fight for your rights and entitlements. We can advocate for your best interest through every stage of the legal process, giving you the best chance possible of achieving the outcome you desire. So get in touch today to schedule your confidential consultation and discuss the facts of your case.

Pregnancy Discrimination

Thu, 27 Jan 2022 16:45:25 GMT

Experienced sexual harassment in the workplace? Here’s how an employment lawyer can help

Two-income families are more and more common, and working mothers comprise about one-third of the female workforce in the United States. However, pregnant people still experience discrimination in the workforce. They are fired unjustly, deprived of roles they are qualified for, and miss out on opportunities they earned.

No parent-to-be should have to sacrifice their career, insurance, and livelihood for their family, and when pregnant people are mistreated in the workplace, everyone loses.

If you believe you have been untreated unfairly because you are pregnant, planning to become pregnant, or have ongoing medical conditions related to pregnancy or childbirth, know the law is on your side. California protects workers against pregnancy discrimination. Here’s what you need to know.

What does pregnancy discrimination in the workplace look like?

Pregnancy discrimination in the workplace can manifest in several different ways. Some common examples include the following:

An employer refuses to hire you because of a condition related to pregnancy – even though you are able and qualified to perform the core duties of the role.

An employer doesn’t consider you for a position because of their prejudices against pregnant people or the presumed prejudices of other employees or customers.

You do not receive equal pay, benefits, or access to desirable assignments, training, promotions, and other career-boosting opportunities because you are pregnant.

Your employer forces you to take leave until your baby is born.

Your employer forces you to return to work after a set period after your baby is born.

Your employer fails to hold your job during your pregnancy-related absence for the same period that positions are held for employees on other types of leave, such as sick or disability leave.

If your specific situation is not outlined above, you could still be experiencing discrimination. The first step is raising your concern with your employer – sometimes, it’s a matter of genuine misunderstanding. If they do not change their behavior, contact us immediately. We can assess the facts of your case and ensure you achieve a just outcome.

Are pregnant people protected against workplace discrimination?

Yes. Pregnant people are protected against discriminatory behavior in the workplace under both federal and state laws.

Federal laws protecting against pregnancy discrimination

The Pregnancy Discrimination Act (PDA) is a law that forbids employers from mistreating people because they are pregnant or living with a pregnancy- or childbirth-related condition, such as gestational diabetes.

In addition, employers must give pregnant employees equal access to the accommodations available to temporarily disabled employees and employees on leave because of a health condition. That might mean assigning a pregnant person lighter duties, alternative tasks, disability leave, a modified work environment, or leave without pay.

Alongside the PDA, pregnant people’s workplace rights are upheld by the Americans with Disabilities Act (ADA). The ADA also obliges employers to give pregnant people access to reasonable accommodations.

Finally, the Family and Medical Leave Act (FMLA) outlines the rights of parents-to-be to leave. Parents may be eligible for three months’ leave. In most cases, this leave is unpaid. However, if you have earned enough paid leave, your employer is required to grant your paid leave request.

Keep in mind, however, that the FMLA doesn’t apply to all employees. Do your research and know what you are entitled to during and post-pregnancy.

California state laws protecting against pregnancy discrimination

California has several protections in place that ensure pregnant people and new parents are protected against mistreatment from their employers.

The California Fair Employment and Housing Act (FEHA) disallows pregnancy-related discrimination. Unlike the federal equivalent, the PDA, the FEHA requires employers to give pregnant people with medical conditions access to accommodations that enable them to complete their duties comfortably. This applies regardless of whether your specific employer grants the same access to employees with disabilities.

The California Family Rights Act (CFRA) ensures employers offer parents-to-be up to four months of unpaid leave. If you are eligible under both the CFRA and federal FMLA, you may be able to take each leave consecutively, totaling up to seven months of leave.

California’s temporary disability insurance program also applies to pregnant people. If you are unable to work during your pregnancy because of a pregnancy-related condition, you may be eligible for up to two-thirds of your regular wages until your child's birth. Following birth, you may receive partial wages for the following six weeks.

My employer violated federal or state laws – how can a pregnancy discrimination lawyer help?

You have legal rights as an employee. Anytime those rights are violated, you deserve justice. A pregnancy discrimination lawyer can help you recover damages and remedy the situation. Depending on the nuances of your circumstances, we may be able to right the wrongs you experienced by achieving one or more of the following outcomes:

Ensuring your employer back pays wages and benefits you are owed

Giving you access to a promotion or job placement you are entitled to but were not given because of your pregnancy

Winning compensatory damages that help mitigate any financial loss you experienced as a result of pregnancy discrimination

Securing punitive damages that help prevent other people in your workplace from experiencing the discrimination

I am thinking about starting a family – how can I safeguard my rights?

If you are planning to become pregnant, you can take action and precautions now to protect your rights in the future.

Critically, understand what you are entitled to under the law and your employment agreement. Find out what kind of leave you are eligible for and the sort of accommodations you can expect from your employer. You should have access to your employer’s pregnancy leave policy – read this carefully.

You might also like to revisit your job description and ensure it reflects your current duties and responsibilities.

When the time comes, inform your employer that you are pregnant in writing. From there, you can request leave and accommodations if required.

If your employer fails to uphold your rights, give them the benefit of the doubt. In the vast majority of cases, it’s simply a misunderstanding of the law and can be resolved with a friendly conversation. However, if the discriminatory behavior does not stop, contact an experienced pregnancy discrimination attorney.

The law is on your side

If your employer disobeys pregnancy discrimination laws, they must pay up. You deserve to recover any lost wages or benefits, plus compensation for emotional distress and attorney fees. We are here to help you get the resolution you deserve. Contact us today for a confidential consultation.

Employment laws for 2022

Thu, 27 Jan 2022 16:37:03 GMT

Your workplace rights have changed.

Happy New Year from the Employee Law Group team. Every year, California’s legislature adds new laws designed to regulate the workplace. Usually, those laws bolster the state’s reputation as a worker-friendly place, ensuring people are generally treated fairly and paid properly at their place of employment.

New laws are usually cycled into effect at the beginning of the calendar year. Here are a few on the books for 2022 that will affect your rights on the job.

Minimum wage

The most basic change to California employment laws in 2022 is that the minimum wage in the state has increased to $14 per hour for employers with up to 25 employees, and $15 per hour for employers with 26 or more.

In addition, computer software workers and licensed physicians have industry-specific minimum wages. Some cities and counties in the state have also adopted minimum wage standards higher than the state minimum, so you should check with local ordinances to confirm the rate where you work.

Wage theft

Wage theft takes many forms, including the following:

Managers taking tips

Workers required to work ‘off the clock’

Misclassification of employees as ‘exempt’ or ‘independent contractors’ and denying overtime pay

Illegal ‘clawback’ of earned wages

Unpaid commissions or guaranteed bonuses

According to California Assemblywoman Lorena Gonzalez (D-San Diego), this illegal practice costs California workers $2 billion a year . That’s why Gonzalez sponsored AB 1003 , which adds criminal penalties to civil damages for bosses who steal their employees’ wages.

Now, under Penal Code 487(m) , any employer who takes more than $950 from any employee or more than $2,350 from any group of employees within 12 months can face prosecution for grand theft

Records retention

One of the hardest parts of bringing a claim against your current or former employer is proving your case . After all, your boss keeps all the records—and in some cases, doesn’t. But a new law requires employers to keep personnel records for a minimum of four years, an increase from the previous two-year limit.

This enables workers to gain access to their payroll and disciplinary files for the preceding four years—about the same amount of time the statute of limitations allows them to file a lawsuit. This also means that you should act quickly to collect your documents to ensure you recover the most for your claims.

Electronic workplace postings

State regulations require bosses to post notice of workers’ rights in prominent places in the workplace, usually in a breakroom. But COVID-19 has changed demands. More people are working from home, but there are no bulletin boards in the virtual workplace.

So, SB 657 was passed to require those notices to be sent out electronically via email. The notices include minimum wage and payday schedules, as well as the appropriate Wage Order that regulates the business. Wage Orders define employee rights and employer obligations and tell you what you can do when you face a situation that seems wrong to you.

Warehouse quotas

One of the most alarming situations that have come to light since the COVID-19 pandemic is the working conditions in some of the major online retailers’ warehouses. For example, workers have reportedly been unable to use the restroom because of quotas so demanding that they must constantly be working. Unfortunately, this is just one of the horror stories we’ve heard about abuses in these distribution centers.

AB701 attempts to get these problems under control. It limits quotas to ensure workers are allowed time to take legally-required meal and rest breaks and use the restroom as needed. It also obliges the employer to give specific notice of the quota and creates a mechanism for workers to complain if their quotas violate the law.

Non-disclosure agreements

Many employers request non-disclosure agreements, or NDAs, as part of severance packages or settlement agreements. These typically require the employee to keep silent about problems that arose in the workplace. The legislature concluded that these NDAs are against the public interest because they prevent workers from sharing information about issues like sexual harassment or wage theft.

CFRA Expansion

The California Family Rights Act (CFRA) is the state’s version of the federal government’s Family Medical Leave Act (https://www.dol.gov/agencies/whd/fmla) (FMLA). While they are very similar, the CFRA offers employees some rights that FMLA doesn’t. And new additions to the law expand those rights slightly.

CFRA provides leave to workers whose ‘family member’ has a serious health condition requiring care and attention. Before January 1, 2022, ‘family member’ was defined as spouse, child, parent, grandparent, grandchild, sibling, or domestic partner. The law was changed to include parents-in-law.

Adjustments to the law also require businesses with 5-19 employees to notify their workers of their right to mediation through the Department of Fair Employment and Housing’s dispute resolution division instead of filing a civil lawsuit for violations of the CFRA. Employees are obliged to contact the DFEH and request mediation to resolve the dispute.

Get a fast, fair result

These are just some of the laws going into effect this year. You might find your employer makes mistakes and gets things wrong as the changes become law. That’s understandable. In that case, you should try to fix the problem with a friendly conversation and a genuine attempt to straighten things out. That usually does the trick.

But if you see a pattern of behavior suggesting your boss is trying to pull a fast one and get away with violating your rights or stealing your hard-earned wages, contact Employee Law Group . Our experienced attorneys have handled thousands of cases for workers who were cheated, abused, and discriminated against on the job. We can discuss the facts of your case and work to get you a fast, fair result.

Unpacking the unpaid wages claim process

Tue, 21 Dec 2021 16:57:38 GMT

Your boss hasn’t paid the wages you rightfully earned. You are stressed, losing sleep, and ready to take legal action. The burden of proof is on you, which means it’s your responsibility to show evidence supporting the facts of your case. If you don’t have the right documentation, it can be difficult to achieve your desired outcome.

Let’s take a closer look at the unpaid wages claim process and the evidence you and your attorney need to reclaim the cash you are legally entitled to.

Getting started

Wage claims are handled by the Labor Commissioner's Office, which reviews the evidence and decides whether wages are owed. Generally, a settlement conference is scheduled between the employee or ex-employee and employer. However, if the issue is not resolved at the conference, the case will escalate to a hearing, during which a hearing officer will make a final decision.

It’s important to have a good understanding of the unpaid wages claim process before you get started, as it’s more involved than submitting a request and waiting for your employer to pay you. You must prove that you are owed wages, and that means producing evidence and applying the law to the facts of your case in a compelling way. We’ll take a closer look at the type of evidence you should gather before filing a claim below.

Because the process of claiming unpaid wages can become quite involved and, in some instances, heated, it helps to have qualified counsel on your side. An experienced employment lawyer can build an airtight strategy that gives you the best possible chance of securing a positive outcome.

And finally, you must file your unpaid wages claim sooner rather than later. The window you have to file a claim depends on the nature of your case:

If your employer sent you a check that bounced, file your claim within one year.
If your employer failed to pay you minimum wage or your case relates to meal breaks, overtime, rest breaks, sick leave, reimbursements, or deductions, file your claim within three years.
If your employer verbally promised to pay you more than the minimum wage, file your claim within two years. If you were promised via a written contract, file your claim within four years.

Time records of all the hours you worked

Tracking your work hours is a good habit and can make or break your unpaid wages claim. It’s as easy as writing down the time you start and end your workday, as well as the times you take meal and rest breaks.

You should record hours worked even if you are paid by contract or piece rate because you are still entitled to at least the minimum hourly wage for every hour worked. By tracking your hours, you can compare the total number of hours you worked on a project with the rate you were paid.

When submitting your claim with the Labor Commissioner’s Office, you’ll need to provide a copy of your time and date records.

Paychecks and pay stubs

By law, your employer is required to provide you with a pay stub or wage statement. The wage statement must include your name, your employer’s name, wages earned, the pay period, deductions (including taxes), and accrued hours of paid leave.

Hold onto these statements. If your employer emails your pay stubs or wage statements to your work email address, forward them to your personal email address or save them to your computer. You may lose access to your company email account in the future.

Employment information

If you have one, a copy of your notice of employment can help with your case. Typically, this document includes your rate of pay, overtime pay rate, and how and when you will be paid. It should also outline whether you will be paid per hour, day, week, through commission, salary, or by some other arrangement.

Any bounced paychecks

If you were paid, but your check bounced, it’s a good idea to keep a record of this and hold onto any documentation from the bank. Your paycheck might bounce because your employer doesn’t actually own the account or has insufficient funds.

Supporting evidence for special circumstances

Unpaid wage cases come in many shapes and forms, and depending on your specific circumstances and the kind of work you do, you may need to supply supporting evidence and information. Let your attorney know if you are claiming any of the following:

Irregular hours
Unpaid commission
Business expenses that were not reimbursed
Unpaid vacation

Filing an unpaid wages claim

Once you have collected your supporting information, you are ready to take the next step. You have two choices. You can start the process yourself and file your claim online or by email, mail, or in person. Or you can enlist the help of an attorney. The latter puts you in a better position to be awarded the wages you are owed – particularly if your records aren’t complete.

Wage claim cases are unique, and applying the law to the quirks of your case can be challenging. With years of hands-on experience, our team has in-depth knowledge of employment law. We are equipped to leverage every opportunity to not only ensure you are awarded damages but also to maximize the amount payable by your employer.

Secure the wages you worked for

As an employee, you have the right to be paid for your work. If your employer has failed to honor that right, get in contact. With our team in your corner, you can file an unpaid wages claim that maximizes your chance of success.

Phone Employee Law Group today to schedule your confidential consultation.

Navigating age discrimination in the California workplace

Tue, 21 Dec 2021 16:56:49 GMT

If you are 40 years of age or older, California and federal employment laws protect you against age-related discrimination in the workplace. Age discrimination comes in many forms – examples include the following:

An employer refuses to employ older job applicants that are equally or better suited to the role than other, younger candidates.
An employer fires their employees when they reach an age over 40.
An employer fails to promote employees because they are 40 or older.
Employers, managers, supervisors, or colleagues make repeated and severe age-related jokes, comments, and other forms of age-based harassment in the workplace.

No one deserves to feel unsafe, unwanted, or undervalued in their workplace. If you believe you are a victim of age discrimination, you have every right to take action against your employer.

Find out more about age discrimination in California below, and please do not hesitate to contact our team for personalized advice.

Is workplace age discrimination illegal?

In California, age discrimination in the workplace (including employment agencies, unions, and apprenticeship training programs) is against the laws set out in the California Fair Employment and Housing Act (FEHA). However, keep in mind that protections only apply if you are 40 years or older.

In most cases, age discrimination is founded on age-related stereotypes and generalizations about certain groups’ qualifications, skills, productivity levels, abilities, beliefs, and health. As a result, older workers may fall victim to preconceived, often inaccurate notions – for example, that they are not computer literate or are slow learners – that prevent them from pursuing opportunities they are qualified for.

Was I discriminated against because of my age?

Every age discrimination case looks different. Sometimes, an employer’s actions are clearly discriminatory. Other times, it can be challenging to prove whether your denial of employment benefits was related to your age. So, what might age discrimination look like? What kinds of adverse actions constitute age discrimination?

If you have experienced any of the following because you are 40 years or older, you may have a viable age discrimination case:

You were fired, laid off, or forced to quit.
Your employer failed to promote you.
Your employer demoted you.
You were denied equal pay or had your salary reduced.
You were forced to transfer.
Your employer denied your medical leave request.
Your work environment is not free of frequent and severe discrimination, such as jokes and off-handed comments from supervisors, colleagues, and other staff.

Employers don’t tend to tell employees outright that they are being fired, demoted, or refused a promotion because they are 40-plus years old. That doesn’t mean you aren’t experiencing age discrimination. Signs that age has played a role in your denial of a benefit include:

You have worked for the company significantly longer than the person(s) who is awarded the benefit.
Your employer has a habit of terminating employees with higher salaries.
Older staff members tend to be allocated lower-level responsibilities.
Your job performance reviews changed suddenly when you reached a certain age.
Leaders in your company celebrate a ‘young’ corporate culture.
Older employees are ‘forced’ to retire under the guise of a ‘mandatory retirement age.’

Let’s dig a little deeper into some of the most commonly cited signs of age discrimination.

Your employer treats older employees with higher salaries unfavorably

Generally, employees who demonstrate company loyalty and long-term performance are awarded higher salaries than new hires. Similarly, employees with more experience – who tend to be older than those with little to no experience – also expect a higher pay rate. It makes perfect sense.

Sometimes, companies let higher-paid workers go in an effort to save money. On the surface, salary is the key differentiator. But if the terminations disproportionately impact older employees as a group, age discrimination is likely at play.

Your employer almost exclusively recruits workers under 40

Refusing to consider a job applicant because they are 40 or older is against the law, but some employers leverage workarounds to unjustly keep their workforce younger. For example, an employer may exclusively source new hires through college, school, or university programs.

A prospective employer asks you for your age as part of your job application

Employers have the right to ask job applicants for their age or birth date. However, if a prospective employer asks for your age and promptly dismisses your application, they could be discriminating.

Managers, supervisors, colleagues, and other members of your workplace make harassing age-related comments

Have you been on the receiving end of a joke about your age, only to be told to ‘lighten up'? One-off comments might not be enough to substantiate a claim against your employer. But, if the comments are persistent, severe, and make it difficult to do your work, you could have a valid age discrimination claim.

How can an employment lawyer help me?

Contact an employment lawyer if you believe you have been discriminated against because of your age and are ready to file a claim. With the help of an experienced attorney, you can claim several types of damages, including:

Back pay
Bonuses
Emotional distress, pain, and suffering
A higher wage from a promotion or raise
Benefits

Age discrimination cases can be complex and difficult to prove. However, an employment lawyer can help you achieve your desired outcome by undertaking the following:

Collecting evidence and information relevant to your case
Examining and applying the law to the facts
Building a robust strategy that side-steps some of the common mistakes employees make when filing a claim without a lawyer
Increasing the damages payable by your employer

Reclaim the damages you are owed

If you feel you have a legal claim against your employer or another staff member for age discrimination, it’s time to reclaim the damages you are owed. The first step is reaching out to qualified counsel.

At Employee Law Group, we have over three decades of experience helping employees like you protect their rights and secure the compensation they deserve under the law.

Covid Related Employment

Mon, 06 Dec 2021 17:04:39 GMT

Are you entitled to unemployment benefits if you’re fired for refusing to get the COVID-19 vaccination?

Employees are facing a world of change. The Great Resignation has seen many pack up and seek out employment that better aligns with their values and lifestyle. Remote arrangements have empowered workers with greater flexibility and work-life balance. More pressingly, vaccine mandates have forced millions of employees to take up the COVID-19 vaccine or quit.

The Biden administration introduced a vaccine mandate that would require businesses with over 100 employees to ensure all workers are fully vaccinated or subjected to weekly tests by January 4, 2022. This mandate would cover two-thirds of US employees While this requirement has been suspended by the Occupational Safety and Health Administration, some employers are in a position to legally terminate employee contracts on the basis of vaccine refusal.

Many organizations have implemented and enforced vaccination requirements of their own. For example, in early October, California-based Kaiser Permanente put the 2,200 employees that refused to comply with the company’s vaccine requirements on unpaid leave. According to the White House , rules like these across the nation have increased vaccination rates by over 20 percent.

Vaccination mandates are an evolving issue, but the question begs: What happens if you refuse to take up the vaccine? Can you still receive unemployment insurance in California? I recently touched on this issue in a CNET article – let’s dig a little deeper here.

What is unemployment insurance?

Unemployment insurance (UI) – also known as unemployment benefits – is a program that provides income support for eligible people who have lost their job through “no fault of their own.” These five words are important, and we’ll touch on them again. But for now, let’s take a closer look at the eligibility criteria.

To apply for unemployment insurance , you must:

Be unemployed (fully or partially)
Be able to work
Be prepared to accept work as soon as it's available to you
Have earned the required amount of wages

In California, the state’s Employment Development Department (EDD) handles unemployment benefits claims. According to a spokesperson , benefits are awarded on a case-by-case basis, and the department conducts phone interviews with both the claimant and employer before making a decision.

If you quit your job, you may still be eligible for UI. However, you must prove that you had a “good cause for leaving” and made “all reasonable attempts” to hold onto your job, as outlined by the EDD .

UI eligibility and the COVID-19 vaccine

So, what does all this mean if you refused your company’s vaccine mandate?

There are still uncertainties, but generally speaking, you are likely ineligible for UI if you resign or are fired because you refused the COVID-19 vaccine. It comes down to those five words – “no fault of their own.” From your employer’s perspective, failing to comply with a vaccine mandate could be seen as a choice, and therefore, it’s your “fault.”

What if I have a legitimate reason for refusing to comply with employer-mandated vaccination?

Even with a legitimate reason for non-compliance, you are not guaranteed an exemption or unemployment benefits. Your employer could build a defense against you that claims accommodating your medical needs or religious views would result in an undue hardship for the company.

While exemptions will be handled on a case-by-case basis, some states have spoken up on the matter. The New York Department of Labor , for example, has stated that employees in the education and healthcare sectors who refuse vaccine mandates are ineligible for benefits.

Here in California, the validity of vaccine exemptions has been put under a microscope after the state became the first in the nation to announce COVID-19 vaccine requirements for schools The announcement included a loophole – children could be granted exemptions if they and their family hold religious beliefs.

Similarly, the Los Angeles fire department filed over 450 vaccine exemption requests . One-quarter of the Beverly Hills fire department requested exemptions, too. In San Francisco, around 800 city workers have asked for exemptions. Whether or not these will be granted is yet to be seen, and there’s no definitive answer as to those employees’ UI eligibility status.

I was fired for not getting vaccinated. Now what?

First, consider whether your state, industry, or company has a vaccine requirement. If your contract is terminated for refusing to comply with an official mandate, you may not be eligible for benefits. However, it’s worth checking if you qualify for an exemption – there is no hard and fast rule, and your outcome will depend on your specific circumstances.

You can apply for unemployment insurance with your state's Unemployment Insurance Office – you can find your local office's contact information here .

If you apply for benefits and your employer challenges your claim, you could end up in court. Keep this in mind, as you’ll need an attorney to guide your next steps and potentially file an appeal.

Get expert guidance

If you quit or were fired for failing to conform to your employer’s vaccine mandate and have a legitimate reason for exemption, you may be entitled to unemployment benefits. Contact us today to arrange your confidential consultation, where our experienced attorneys will assess the facts of your case and map the best path forward.

We are not here to judge you and your beliefs. Instead, our job is to ensure your employer abides by the law, even when the lines are blurred.

Schedule your one-on-one consultation today by visiting our contact page .

Sexual Harassment

Mon, 06 Dec 2021 17:02:16 GMT

In California, all unwelcome sexual conduct is considered sexual harassment, regardless of gender and sexual orientation. The harasser does not have to be a different gender to the victim. If people welcome sexual conduct, there is no harassment.

Sometimes, proving whether sexual advances were welcome or unwelcome is challenging, as it comes down to intent, not action. If you are experiencing harassment, protect yourself by keeping a log of unwelcome advances and, if you feel comfortable, sharing your experience with someone you trust who can later vouch for you if needed.

Workplace sexual harassment can be conducted by a variety of people in an office or work environment. Bosses, executives, directors, customers, vendors, co-workers, contractors, and property managers can all be culprits and victims of workplace sexual harassment.

Harassment falls into two categories: ‘quid pro quo’ and ‘hostile work environment.’ In some cases, both categories apply. Let’s take a closer look.

Quid pro quo sexual harassment

‘Quid pro quo’ – which means ‘this for that’ – sexual harassment occurs when a supervisor or other authority figure in the workplace demands sexual favors in exchange for an employee benefit, such as a raise or promotion. In addition, if an employer threatens to fire an employee unless they provide sexual favors, that is also quid pro quo harassment.

Quid pro quo sexual harassment can be explicit – for example, your employer verbally promises to assign you to your preferred project in exchange for sexual interaction – or implied.

Quid pro quo sexual harassment can be nuanced, too. For example, let’s say a sexual relationship in the workplace starts consensually between an employee and supervisor, and the employee wishes to end the relationship. If the supervisor threatens to use their authority to disadvantage the employee if the sexual relationship does not continue, they have committed quid pro quo sexual harassment.

However, keep in mind that if the authority figure doesn’t follow through on their threat, no quid pro quo harassment has occurred. Instead, it might be a case of hostile work environment harassment.

To prove that you have experienced quid pro quo harassment, you’ll need to demonstrate the following:

That you worked for, provided services to, or applied for a job with the defendant
A working condition was made dependent – explicitly or implicitly – on sexual favors involving the defendant or one of the defendant’s agents
The defendant or one of the defendant’s agents made unwelcome sexual advances
You were harmed because of the defendant’s harassing behavior

Sexual harassment leading to a hostile work environment

Unwanted sexual conduct can result in a hostile work environment . You might have a claim if you have experienced a scenario similar to the following examples:

Your boss’s unwelcome, sexually motivated, or charged comments are pervasive enough to alter the conditions of your workplace.
A co-worker has made unwanted sexual advances.
You are continuously treated differently from other workers because of your gender.

Hostile work environment sexual harassment claims must include severe and pervasive unwelcome sexual conduct. A jury often decides the level of severity and pervasiveness .

The harassment cannot be an isolated incident, nor can it be occasional or trivial. Of course, even so-called jokes and off-handed comments can cause discomfort and harm. If you are unsure whether your specific circumstances constitute sexual harassment, please don’t hesitate to seek professional guidance.

Can quid pro quo result in a hostile work environment?

Yes. If a boss, supervisor, or other authority figure treats an employee favorably in exchange for sexual conduct, the working environment may become hostile for other employees.

For example, a supervisor has an affair with one of his female subordinates. As a result, she is ‘rewarded’ with bonuses that do not reflect her workplace performance. Other employees can claim that they are unfairly disadvantaged by this arrangement, resulting in a hostile work environment.

Sexual harassment and workplace productivity

According to the California Fair Employment and Housing Act’s (FEHA) definition of harassment, harassing behavior must interfere with the victim’s work performance. However, you can still prove that you have experienced sexual harassment even if your productivity hasn’t suffered in the process , thanks to amendments made in 2018.

While you don’t need tangible evidence of productivity decline, you do need to show that the harassing behavior has changed your workplace conditions in a way that makes your job more challenging.

When do I need an employment lawyer?

If you have been sexually harassed in your office or another workplace environment, you may have a claim. You do not need to be an employee or co-worker of the harasser. For example, if you are harassed by a hiring manager, independent contractor, or sales rep from another company, your claim could be legitimate under California law. An employment lawyer can help you map out the next steps, build a strong case, and file a civil lawsuit on your behalf.

An employment lawyer can support you as you navigate legislation and recover compensatory damages – even if you have waived your right to sue or disparage your employer. With the right approach, you can lay claim to:

Pain and suffering
Back and front pay
Damage to reputation
Emotional harm
Physical harm

No one should feel unsafe, objectified, threatened, or taken advantage of in their workplace. An experienced and dedicated employment attorney can win you the compensation you deserve and put an end to harassing behavior.

Get expert guidance today

Thirty-eight percent of women in the United States say they have experienced sexual harassment in their workplace.

If you have fallen victim to inappropriate sexual conduct in a professional setting – regardless of your gender – you are not alone. We can help you win the compensation you deserve.

Get in contact if you reside in Redondo Beach, Torrance, Santa Monica, Inglewood, Los Angeles, or surrounding areas. Our compassionate team is ready to fight for your rights. Schedule your one-on-one confidential consultation today.

If you want legal advice… Ask a lawyer.

Mon, 29 Nov 2021 17:00:59 GMT

Don’t be misled by bad advice from people with little or no legal training.

One of the best things about close friends and family is having someone to vent to when things are rough at work. They listen, commiserate, and sometimes offer helpful advice. They might even have a similar experience or know someone who did. Maybe they’ll tell you about a friend’s or relative’s lawsuit about a situation just like yours. It’s comforting.

At Employee Law Group, we often receive calls from people who feel they’ve been wronged at work and come to us looking for help filing a lawsuit. We listen, ask questions, and, using the legal experience we’ve gained after representing thousands of clients over nearly 30 years, we give them our best advice. Sometimes, we tell them they have a strong case and offer to represent them. Other times, we have to tell them, unfortunately, there’s no legal remedy for the problems they’re facing at work.

Occasionally, they’ll respond, “But my cousin/friend/neighbor had a case just like this and got a big settlement.”

No two cases are alike

Having two cases “just like” each other is extremely rare—I can’t say that we’ve seen two cases that are exactly alike. The facts are always a little bit different, which means the law looks at them a little bit differently. In some cases, very differently.

Take, for example, a company that sells office printers to businesses. One salesperson works from an office making calls to potential customers. Another visits potential customers’ businesses to make sales. They’re both salespeople, selling the exact same product to the same pool of potential customers, earning the same pay and commissions. But the law treats them very differently because one is “inside sales,” while the other is “outside sales.” Entirely different rules apply to such fundamental issues as overtime , meal breaks, and rest breaks.

To someone who knows a little bit about employment law and workplace regulations, the sales workers might look “just like” each other. But an experienced employment attorney knows that these two employees are nothing alike in the eyes of the law.

Different rules apply based on the size of the business, what industry it’s in, whether the employee is a supervisor or administrator or the new guy in the warehouse, and a long, long list of other factors. Someone who doesn’t practice employment law can’t be expected to know all the ins and outs of such a specialized field.

Your friend might know a lot about cars or may even be a skilled mechanic. But if they’re not a transmission specialist, would you want them to work on your brand-new car when the shifter goes “clunk, rattle, clunk” every time you get on the freeway? Some things are better left to the experts.

Don’t let someone else’s experience talk you out of protecting your rights

On occasion, we also hear from people who’ve been convinced that they don’t have a legitimate claim because a friend/relative/neighbor had “the exact same thing” happen to them and lost their case.

Again, this is almost certainly false. Your case is different from every other case, and your facts might fall under the protection of a well-established law. Your friend/relative/neighbor probably doesn’t have years of experience representing workers who’ve been cheated out of pay, harassed or discriminated against by their bosses, or retaliated against because they complained about being mistreated.

Before deciding that your case isn’t worth anything and giving up, you should talk to an attorney who knows what questions to ask, understands how your situation is unique and important, and knows the law protecting your rights.

HR is not on your side

Sometimes workers who think they might have a case go to the people they’ve been told are there to address workplace problems: the HR department. After all, HR helps you get paid, sorts out complaints, and enforces the rules. They probably have some training in legal issues that come up on the job. Why not ask them for help?

This is not always a good idea. Sometimes, it’s a very bad idea.

It’s important to recognize a very significant fact: HR is there to protect the employer, not the employees. While your HR staff may be very nice, friendly people who treat you like family, their paycheck ultimately depends on keeping the company from getting sued. So, when you go to them and tell them everything about your case, they’re already figuring out how they will use that information to defend the company.

Some situations require you to go to HR as a first step. If you’re being harassed, for example, you need a make a formal complaint to protect your rights. But what you say, how you say it, who you tell, and what they’re obligated to do with the information can all have a huge influence on your rights down the road if you choose to pursue your claims in court. You can’t be expected to know the right things to say and what to avoid, and HR will not help you find the right words. It’s not their job, and it’s not their goal.

Get your legal advice from experts who know how best to help you

If you believe that you have a potential legal claim in the workplace for unpaid wages, discrimination or harassment, retaliation, or any other problem with your employer, you need to speak to qualified counsel.

At Employee Law Group, we have nearly 30 years of experience in helping clients protect their rights and get the compensation they’re owed. We’ve seen thousands of cases—no two alike!—and we are familiar with the laws that ensure you get fairly paid what you’re owed and have a safe, respectful place to work.

You can call us for a free, confidential consultation and speak to one of our knowledgeable attorneys who will give you the benefit of our training and experience with employment law. Contact us today.

All facts are friendly

Mon, 29 Nov 2021 16:58:26 GMT

Should you tell your lawyer everything? Yes, warts and all.

You might get the feeling there are some things you just shouldn’t tell your lawyer. Or maybe there are facts you might want to… shade a little. Of course, it’s normal to want to tell your story in a way that makes you look better.

This is especially understandable in the legal context. Maybe you’re afraid that your criminal history, bad choices you made in your youth, or your immigration status will be used against you. (In an employment case, they won’t—your right to be paid for your work and be free from discrimination doesn't rely on whether you’re a “good citizen” or a citizen at all.)

But, when you’re talking to your lawyer about the facts surrounding your case, it’s critical that you tell the truth as best as you know it. That includes the mistakes you’ve made, rules you broke, and consequences you suffered (and those you didn’t)… everything from the best of you to the worst.

The truth is, the facts will come out eventually, and it’s best that your lawyer be aware of them upfront rather than surprised by them in the middle of your testimony.

At Employee Law Group, we’ve seen this happen plenty of times. For example, when you tell us your employer owes you back pay for overtime and missed meal breaks, we can demand payment and make a legal argument that gets you paid. But when the employer responds that you were working on your side hustle while on the clock or stealing products from the shelves, and you respond with a sheepish, “yeah, but it was only a few boxes,” that’s a problem that we must address before we can move on.

In the best case, we can try to negotiate for your wages and offset any claimed losses by the employer. In the worst case, your claims may be worth nothing, and you might actually owe your boss. This is why you should always tell your lawyer everything.

The case of the misremembered policy

Sometimes, clients do not deliberately hide the truth. Rather, it’s a case of misunderstanding or an incorrect interpretation of a policy.

One such case we worked on involved a salesperson for a large insurance company. The client believed she and her coworkers had been wrongly denied overtime and “reporting time” pay and were owed reimbursement for using their personal cell phones, internet, and cars for business purposes without compensation. Because the policy affected dozens of employees experiencing the same mistreatment, we filed the case as a class action

But when the client was deposed, we learned facts that put the client’s claims into doubt. In fact, what we learned made the claims for overtime, reporting time, and all the penalties that go along with unpaid wages very unlikely to survive a challenge on their legal merits. The employer showed documents and policy announcements that our client hadn’t fully understood and misinterpreted, undercutting their claims.

So, what did we do? We dropped the claims that didn’t have merit, and we pushed forward with those that did. Finally, after several weeks of negotiations, we settled the claims on reimbursement for cell phone, internet, and vehicle use, and all the class members got compensation for what they were owed.

If we had known about the policy and had asked for it in our discovery requests, the result would probably have been the same, but a lot of time, effort, and expense would have been saved. Simply put, we would never have brought claims without a legal basis—but we still would have gone after the business expenses that the workers were owed.

The facts that our client couldn’t recall changed the dynamic of the case, adding aggravation and expense on all the parties. We don’t blame the client for not understanding the policy. Often, these are written by lawyers and HR people who are more concerned with making sure they’ve covered the bases than ensuring employees can understand them. But being surprised by the opposition at a deposition with the existence of the policy made our jobs that little bit harder.

We learned something, too

At the end of the day, we got a good result for the class members. We also learned that we need to be even more thorough in questioning our clients about their cases. It’s our job to ask all the questions to get all the facts we need, and it’s the client’s job to tell us the whole truth.

All facts are helpful. They help you know the strengths of your case, as well as the weaknesses. Strategy is built on facts. Tactics rely on facts. Finding justice depends on facts. And facts can never stay hidden for long.

Is your case bogged down by troubling facts?

If you believe you may have a case against your employer for unpaid wages, discrimination, harassment, retaliation, whistleblowing, or any other workplace offense, but you are afraid that some unhelpful facts might come out, we get it. Still, you should tell your lawyer everything. Your confidential consultation with our experienced attorneys will allow us to assess those facts, determine how you can best deal with troublesome facts, and put your best case forward.

We are not here to judge what you’ve done or what you’ve been accused of. We’re here to make sure that your employer abides by the law, pays you what you’re owed, and treats you with respect for your rights and dignity as a working person.

You have the right to a safe, respectful workplace and day’s pay for a day’s work. Those are the most important facts.

Schedule your consultation by contacting us today.

Are you being cheated out of overtime pay? We answer your unpaid overtime questions

Tue, 23 Nov 2021 16:55:43 GMT

California workers are protected by labor laws . It doesn’t matter where you were born or your legal status—from the moment you are hired, you are entitled to the prompt payment of wages. This includes bonuses, commissions, reimbursements, and overtime.

If you earn a salary and worked extra hours, you are likely owed payment for that time. However, if your boss refuses to pay you, you can file an unpaid overtime lawsuit, keeping in mind the burden of proof is on you.

Before we get ahead of ourselves, let’s set the record straight. Here are your questions about unpaid overtime—answered.

What is overtime work?

Overtime work is work you do beyond your regular working hours. For most salaried employees, overtime kicks in if they work:

More than eight hours in a day
More than 40 hours in a week
More than six days in a week

Am I owed overtime for my job in California?

In most cases, yes. You are owed payment if you work overtime at your job in California. Some employees are exempt from this rule—for example, some independent contractors or staff that earn commissions—but generally, it is against California labor laws for an employer to deny payment for overtime work.

How much should I be paid for overtime?

At a minimum, you are entitled to one and one-half (1.5) times your typical hourly rate for overtime.

If you work longer than 12 hours in a single day or more than eight hours on your seventh day of work in a single week, you are owed double your regular hourly rate.

If you earn a salary, you can calculate your hourly rate by following these three steps:

Determine your annual salary by multiplying your monthly remuneration by 12.
Calculate your weekly salary by dividing your annual salary by 52.
Get your regular hourly rate by dividing your weekly salary by your maximum regular hours (40).

When should I be paid for overtime hours?

If you are paid weekly, biweekly, or twice monthly, your employer has seven days after the end of the payroll period to pay you for your overtime hours. If you don’t fit into the above payroll schedule, you must be paid overtime by the second payday following the overtime work.

My employer didn’t ask me to work overtime—do they still have to pay me?

Yes. Your employer must pay you overtime regardless of whether they asked you to work extra hours or not. Even if you have violated your employer’s policy by working overtime without their authorization, they are still obligated to compensate you for your time.

Is my employer allowed to ask me to work ‘off-the-clock’?

Some employers try to spin unpaid overtime as ‘off-the-clock’ work. Tasks like pre- and post-shift duties, administrative activities, and work performed during a meal break often fall into this category.

Off-the-clock work is unlawful, and employers are required to compensate you at your regular hourly wage or, if the off-the-clock work pushes you over your maximum number of work hours, at your overtime rate.

What should I do if my employer refuses to pay me overtime?

First, speak with your employer. Give them the benefit of the doubt—your unpaid overtime may be a symptom of a misunderstanding or poor communication.

If your employer still refuses to pay your overtime, speak with an experienced employment attorney. With an employment law specialist in your corner, you can explore available legal options and plot your roadmap forward. In some cases, that will mean recovering unpaid overtime by filing a lawsuit against your employer.

Is it really worth filing a lawsuit for a few hundred dollars of overtime? I hear you. But even though your unpaid overtime is not a life-changing amount of money, it doesn’t mean your employer shouldn’t be held accountable for violating the law. If you are being denied overtime pay, your employer could be taking advantage of your colleagues, too.

If you are concerned about the costs associated with filing a lawsuit, rest easy. California law holds dishonest employers accountable when they treat their employees poorly, and all fees are paid by your boss when you win a judgment or settlement.

How to protect yourself

If you think your employer is failing to pay you overtime, here’s my advice:

Keep accurate records of your work hours and how much you are paid. Every day you work, take note of the date, when you start work (even if it’s before your ‘official’ clock-in time), when you finish, and your pay.
Calculate how much you believe you should be paid, including overtime. Compare this amount to the total on your pay stubs.
Talk to your employer and lodge a complaint, if necessary. Do this in writing so you can prove you took measures to resolve the matter before filing a lawsuit. No one—not your boss or colleagues—is legally allowed to discriminate, retaliate, discharge, or take any other bad actions against you after you complain in good faith.
When your paycheck is short, send an email or lodge a complaint in writing. Ensure you detail the specifics—the hours you worked over and above your normal work hours, what you expected your pay to be, and what your pay was. Remember, if you use a company email to send this complaint, forward a copy to your personal email. And remain cordial and professional. Anything you write in an email could be read in court as evidence.
Discuss your situation with your co-workers. Ask if they have ever been denied overtime pay.

Let’s reclaim the money you’re owed

If your employer refuses to pay you for overtime work, they are stealing money from your pocket. The law is on your side, and with years of experience behind me, I am prepared to fight for your rights.

At Employee Law Group, we’ve successfully negotiated with small business and Fortune 500 companies to ensure our clients get the wages they deserve.

Schedule an appointment today, and let’s discuss your case.

Can you prove it? Navigating the burden of proof in unpaid wage claims

Tue, 23 Nov 2021 16:51:59 GMT

Your unpaid wage claim may depend on your word against your boss’s.

I like to joke with clients that three years of law school boils down to a simple, four-word question: Can you prove it?

Our legal system is designed to give everyone access to the courts to pursue justice for all sorts of wrongs. Unfortunately, this is often perceived as an invitation for frivolous lawsuits, and anyone can sue anyone for anything.

While it might be true that you can file a lawsuit for just about anything, the courts quickly demand that you are able to prove you were wronged in a legally recognized way and that the person or business you’re suing is responsible for causing your harm. In short: Can you prove it?

When the harm is being denied pay—including overtime, bonuses, commissions, and reimbursements—the question becomes even more pointed. Can you prove you worked those extra hours, earned that bonus or commission, or deserve reimbursement for business expenses?

The burden of proof is on you

It’s essential to know that when you sue anyone, the burden of proof is on you. Sometimes it’s easy to prove your case—your car was parked, and the defendant wrecked it by ramming his car into it. Other times, it can be very difficult.

For example, you work an hourly job. You write down on your timecard that you worked 44 hours a week and deserve four hours of overtime. But when you get your paycheck, it only has pay for 40 hours. If your boss denies you worked those extra four hours, how can you prove it?

We ran into a case like that at Employee Law Group. Our client worked at a remote job site and had to call into his employer’s office to report when he was on-site and working and again at the end of his shift to say he was done. Often, he was required to work well past the end of his eight-hour shift, and he dutifully reported those extra hours when he called in to say he was leaving.

But the employer wasn’t recording the hours accurately. If our client reported two overtime hours, the employer only recorded one. If our client worked 48 hours during a week, the boss only marked down 43. When the client complained, the boss would go back and “correct” the problem… by paying another two hours of overtime instead of the full five still owed. So, the boss would get three hours of free labor.

The question for us in bringing his claim was simple: How can we prove this? The employer is the one keeping all the records—and they’re doing it dishonestly.

Fortunately for us (but unfortunately for the employees), the boss was pulling the same dirty trick on everyone. So when we said that we were willing and able to bring in a dozen current and former employees who would testify that they, too, were routinely cheated out of their overtime pay, the boss was suddenly eager to resolve the case.

That case was unusual because even though we didn’t have documents to prove our case, we had a parade of witnesses who could all tell the same story. That’s not going to happen very often. It shows how important it is for you to keep your own separate records to make sure that you’re getting paid what you deserve and to prove you’re getting ripped off if you don’t.

How to protect yourself against unpaid wages

What should you do if your work time isn’t correctly reflected in your paycheck? Here’s how you can protect yourself against unpaid wages

Keep written records of your schedule—when you clock in, when you take breaks, and when you clock out. Do it all the time, every day you go to work. Your records may be the only thing that can prove your claims.
Every time your paycheck comes up short, complain in writing. Send an email explaining the hours you worked, what your pay should have been, and what they paid you. Send it in email form and ask for their response. If you use company email, forward copies of your email and their response to your personal email account and save them. Do this every time—you never know when your employer will remove your access to your company email account.
Ask your coworkers if they ever get shorted on their wages. If several of them say yes, you might have a group claim that your boss is deliberately withholding your pay. If the number of people getting cheated is very large, it could even become a class action.
If you have a bonus plan or commission agreement, keep track of your progress toward your bonus goals or every sale you make and the percentage you’re owed in commission.
If you spend your personal money on things you need for business—like supplies, transportation, parking, etc.—keep the receipts, scan them, and submit them regularly. Keep track of what the expenses were for.
Keep all of your interactions with your boss and payroll people professional and courteous. Sometimes underpayment is just a mistake, and it’s not helpful to antagonize the people who are best equipped to fix it. You also have to consider that everything you write might be evidence in a courtroom someday.

Get help from a qualified attorney

If you believe you have been cheated out of your wages, it’s best to seek help from a qualified attorney who can help you. At Employee Law Group, we’ve handled thousands of cases where clients haven’t gotten paid all they earned. We’ve negotiated with employers big and small and taken Fortune 500 companies to court to ensure that our clients get their proper pay. And because California law holds dishonest employers accountable when they cheat their workers, our fees and costs are paid by your boss when we win a judgment or settlement on your behalf.

Schedule an appointment today.

What you need to know about workplace bonuses

Wed, 08 Sep 2021 16:46:02 GMT

What you need to know about workplace bonuses

For most people, getting a bonus from their employer is a pleasant surprise, a nice show of appreciation beyond the regular paycheck, or a little something extra around the holidays. However, the process of being paid a bonus is not always straightforward – especially if the specifics are undefined and open to interpretation.

If your contract includes terms for a bonus and you uphold your end of the deal, from a legal perspective, that payment is rightfully yours. At Employee Law Group, we have worked with many clients to help them claim the cash rewards they are owed by employers who refused to pay up.

Here’s what you need to know about workplace bonuses.

What is a bonus?

A bonus is a financial compensation over and above your typical wage. Companies hand out bonuses to employees at all levels—from entry to senior—to incentivize high performance, attract talent, enhance employee retention, ward off jealousy among team members, and other reasons. Bosses can give bonuses for any reason… or no reason at all. But when the bonus is contingent on reaching defined targets, it becomes something else.

When is a bonus not a bonus?

In short, a bonus is not a bonus when it becomes a wage.

Sometimes, your boss’s generosity might not be what it seems. Instead of a gift, that payment might just be a part of your regular wage, if it meets certain requirements

A bonus that depends on meeting specific goals—say, if you increase sales by 20 percent, you will get a $1,500 bonus—is a wage you are owed the moment you meet that goal. It becomes a part of your salary, just as if it were wages earned by working the required hours. Think of it this way: If I tell you “Wash my car, and I’ll give you $10,” and then you wash my car, I owe you $10. You met the goal I set, so I’m on the hook.

However, whether the bonus is guaranteed is sometimes disputed by the employer.

Case study: When a boss refuses to pay a bonus

For instance, in one case, our client’s employer wrote an offer letter that included the promise of a bonus “up to” his annual salary if he met his production goals. After our client met those goals, he was forced out of his job. When our client demanded his bonus payment, the employer said he was not entitled to be paid because there was no guarantee.

When Employee Law Group got involved in the case, we filed a lawsuit on our client’s behalf that claimed unpaid wages and breach of contract, among other damages and penalties.

The employer was convinced that they did not owe anything because the phrase “up to” wasn’t a firm guarantee. Instead, they argued, it was a “promise to negotiate.”

But every contract, including employment contracts, involves what’s called “the implied covenant of good faith and fair dealing.” That’s lawyer-speak for the idea that if you make a contract, you must act in good faith to give the other side what they expect from the contract.

We had evidence that showed our client tried several times to discuss the terms of his bonus plan and nail down his boss on the specifics. But every time he made contact, his boss blew him off, delayed answering, or reacted harshly. Eventually, it became clear that the employer was never going to make good on his promise.

By repeatedly refusing to negotiate, the boss acted in bad faith and prevented our client from getting a firm guarantee of his bonus.

Before the case went to trial, we negotiated a fair settlement for our client based on bonuses paid to other employees. We believed the evidence was strong that the offer letter committed the employer to negotiating, that refusal to negotiate breached the employment contract, and that the bonus—even though its exact numbers weren’t defined—was owed because the employee held up his end of the deal by meeting his goals. And as a result, it was an owed wage with penalties and damages attached for non-payment.

How to protect yourself

What lesson can you take from this?

First, be aware that your “bonus” may be guaranteed compensation. If you have an agreement that says, “meet goal X and receive bonus $Y,” and you meet goal X, you are owed bonus $Y as a wage. Your employer cannot avoid or delay paying it to you. It’s yours. You earned it.
Another important lesson is to make sure that you specify the terms of your employment as clearly and precisely as you can. Our client was able to receive a sizeable settlement because we could cut through the other side’s smoke and mirrors—but it would have been a much simpler matter if the terms of the agreement didn’t leave the boss room to try wiggle out of it.
And a final valuable lesson is, when you are negotiating with a potential employer, it helps to have qualified legal counsel to assist you. While even the best lawyer can’t anticipate every problem that could arise in your job, we have seen a lot of issues that could have been avoided with a pair of trained eyes looking over a contract before signing.

Contact our team today

Need help claiming a bonus you are entitled to? Want a professional's advice on the employment contract you are gearing up to sign? We can help. Contact the dedicated team at Employee Law Group today.

Our initial consultation is free, and we provide a flat-rate fee for reviewing, advising, and, if necessary, negotiating contract terms for you. The cost may purchase the best peace of mind you’ll ever buy.

Get in touch , and let’s discuss the specifics of your situation.

Your COVID-19 and employment law questions answered

Wed, 25 Aug 2021 16:42:22 GMT

Your COVID-19 and employment law questions answered

At Employee Law Group, we’ve seen just about everything that can happen on the job—wrongful termination, discrimination, unpaid wages, broken contracts, you name it. These are usually clear-cut cases where we apply the law to the facts and get the best result for our clients.

But, the uncertainty following the COVID-19 pandemic has impacted every part of our lives, including our workplaces, in ways that the law hasn’t necessarily considered. We’ve heard many questions from workers across Los Angeles and Orange Counties that reflect just how unclear the law appears to be. While the answers may not be definite under these uncertain circumstances, the law provides some guidance.

Does my boss have to pay for my home internet service?

I’ve been working from home, and I had to upgrade my internet service to handle work files and internet traffic. I asked my boss to pay the extra cost. She said no because I also use the internet for personal stuff like Netflix or Facebook. Does my boss have to pay for my internet, even though I also use it in my free time?

Yes. Anytime you have to spend your own money to do your job, your employer is required to reimburse you. Whether it’s driving your personal vehicle to pick up supplies or make a delivery, using your cell phone to answer customer emails or exchange text messages with your supervisor, or using your home internet service for work, you are entitled to fair pay for those costs.

Usually, your employer will pay for mileage at the legal rate for using your car or may ask for gas station receipts and a recording of your miles driven. Cell phone and internet usage are a little more complicated, especially when you also use them in your personal time. A common compensation method is to make a fair estimate of what percentage of the time you use it for business and ask your boss to pay that percentage of your bill. For example, if 70 percent of your internet usage is work-related, your boss must pay 70 percent of your bill.

If they refuse, we can help you recover what you’re owed.

Can my boss fire me if I don’t come back to the office?

I have a health issue that puts me at high risk of severe complications from COVID-19. I’ve been working remotely without any problems, but now my boss wants me to go back to the office and threatened to fire me if I don’t. Can he do that?

Probably not. If your workplace has more than five employees, your boss must abide by laws against discrimination. A medical issue that doesn’t interfere with your ability to do your job is a protected status and could be grounds for a disability discrimination case if you face adverse treatment because of it.

If you can satisfy your job requirements while working remotely, you and your doctor can discuss requesting a temporary accommodation from your employer to allow you to work from home until the COVID crisis passes. Your boss must negotiate with you in good faith to find a reasonable solution that enables you to keep your job and protect your health.

If you requested a medically necessary accommodation and your employer refused it, declined to negotiate a solution, or worse, fired you for needing an accommodation, call us. We can help you determine the right path forward. But don’t delay—discrimination laws have short deadlines, and waiting too long can cost you your rights.

Can my boss force me to get a COVID vaccine?

My boss wants all employees to get COVID vaccines or they won’t be permitted to go back to work. Are they allowed to do that?

The answer isn’t fully clear at the moment, but it appears that your employer can require you to be vaccinated unless you have a legitimate health concern or sincerely held religious beliefs that prevent it. So, probably yes.

The U.S. Equal Employment Opportunity Commission (EEOC) issued an opinion in May 2021 () saying that federal law does not forbid employers from demanding their workers get vaccinated before returning to work. The Justice Department (DOJ) followed up with a July 2021 opinion stating that your employer must inform you of your right to refuse the vaccine since it is under an “Emergency Use Authorization,” but they can still treat vaccination as a “condition of employment." The recent full approval of the Pfizer vaccine may change that requirement.

California’s Fair Employment and Housing Act is separate from federal law, but California courts often look to federal law when considering similar state laws. As of mid-August 2021, no California court has addressed this question directly, but the EEOC and DOJ opinions are likely to be persuasive.

Remember, your employer also has an obligation to you and your colleagues to provide a safe working environment and could face legal liability for needlessly allowing a sick employee to infect others with possibly lethal consequences.

We’ve heard of some people getting notes from doctors or religious leaders claiming medical or religious exemptions without real justification. But anyone considering going that route should be careful—if your boss finds out that your exemption is based on a fake claim, you could lose your job. Lying to your boss is always considered legitimate grounds for termination.

Can I stop my boss from sharing my vaccination history with customers?

My boss wants to tell our customers that all the employees have been vaccinated so they won’t be worried. But I’m concerned about giving out my medical information to strangers. Can I tell my boss not to share my vaccination history?

If your employer has access to your medical information, they are obligated to keep that information confidential under California law. If they share it without your permission, they could face serious penalties.

Your boss can ask you if it’s okay to share your COVID vaccine status, but they’re not allowed to demand that you let them do it. They also can’t retaliate against you if you say no.

California has a right of privacy written into its constitution, so courts treat that right very seriously. The law clearly states that your employer has a duty to keep your private information away from anyone who isn’t authorized to see it.

If you believe your employer is sharing your vaccine status without your permission, give us a call. Your medical history, including vaccinations, is some of the most private information there is. You have the right to keep it that way, and we can help you protect it.

How to protect yourself

The pandemic has changed the way we live, work, and play. And while the law has not yet caught up, you can still protect yourself against unfair, unlawful treatment in the workplace:

Keep records of all purchases required to carry out your core work duties, such as gas station receipts and internet bills.

When raising concerns with your supervisor, boss, or the HR department, be professional and polite.

Don’t assume that your boss understands their legal obligations. If something doesn’t feel right – they shared your vaccination status without your consent, for example – follow up with a trusted lawyer.

Advice you can trust

At Employee Law Group, we offer advice you can trust in a time of uncertainty. So reach out today, and let’s talk through your questions and concerns.

What you need to know about pregnancy discrimination in the workplace

Wed, 25 Aug 2021 16:30:17 GMT

Growing your family is one of life’s greatest joys, and having children is something many of us aspire to do. But sometimes, pregnancy can trigger upsetting, hurtful discrimination and harassment in the workplace.

Federal and California laws prohibit pregnancy discrimination. So, if you are experiencing unfair and unlawful treatment by your boss or colleagues, it’s important to understand your rights and seek the help of a trusted lawyer. With an expert in your corner, you can fight unethical behavior and claim the compensation you deserve.

What is pregnancy discrimination?

If your employer treats you differently from other employees or similarly qualified applicants based on your pregnancy, you could be experiencing pregnancy discrimination. Pregnancy discrimination takes many forms and can unfold in a variety of workplaces and contexts. Here are several common examples:

A prospective employer refuses to hire you because you are pregnant or may become pregnant.
Your employer fires or demotes you because you have become pregnant.
Your employer will not provide reasonable accommodations to help you fulfill your core duties while experiencing pregnancy-related mental or physical difficulties.
Your employer refuses to give you time off for childbirth, even though you are legally entitled to it.
You and your partner work at the same company, and your employer fires or demotes both of you after you become pregnant.
Your workplace uniform or dress code attire is challenging or impossible to wear while you are pregnant.

Of course, this is just the tip of the iceberg. Your experience and circumstances are unique and will inform the next steps in your claim process.

Which laws protect against pregnancy discrimination?

You are protected against pregnancy discrimination under the federal Pregnancy Discrimination Act and the California Fair Employment and Housing Act (FEHA).

Under the Pregnancy Discrimination Act , you cannot be treated differently from others in your workplace based on pregnancy, childbirth, or related conditions.
FEHA offers you a little more protection. First, you cannot be discriminated against or harassed because you are pregnant. And second, this law requires your employer to provide reasonable accommodations – for example, the ability to work from home, relief from duties that require you to lift heavy objects, and modified equipment – if you are disabled (even temporarily) by your pregnancy or related complications.

Who is protected against pregnancy discrimination?

No matter who you are or where you work, pregnancy discrimination is a traumatizing experience that can cause undue stress at such an important and exciting time in your life. Under California law, workers that fall into the following categories are protected in the workplace:

Employees – someone that works under the direction of an employer
Applicants – someone who has applied for a position with an employer
Temporary employees – someone that is hired by an agency that assigns them a position with a business
Unpaid interns – someone who works as an intern at a business and is not compensated

If you are an employee, applicant, temp, or unpaid intern, you are protected through almost every stage of your employment journey. Pregnancy discrimination is unlawful:

Throughout the hiring process
When deciding on promotions
When determining raises
When deciding who to lay off
When offering training opportunities
When considering employee benefits
When choosing to allow time off

You have experienced pregnancy discrimination. Do you need a lawyer?

You don’t necessarily need a lawyer to file a claim against your employer, but it’s probably in your best interest to have an expert by your side. Navigating discrimination law can be tricky, and winning your case isn’t always as easy as presenting the facts.

With decades of experience behind us, we can guide you through the process step-by-step and remove stress. I can collect legally relevant information, apply the law to your unique situation, relay facts in a compelling way, and help you steer clear of common strategic pitfalls that could sabotage your case.

How to protect yourself

Securing professional representation is a huge step in the right direction, but there’s more you can do to protect yourself against pregnancy discrimination. Here are some practical tips:

Don’t wait to tell your employer that you are pregnant. Instead, inform them as soon as you are comfortable in writing (email is a great way to prove you informed them) to avoid any confusion or misunderstanding. If you don’t do this, your employer might claim that they didn’t know you were pregnant and therefore did not treat you unfairly.
If you have been discriminated against because of your pregnancy, report your experience to the human resources (HR) department. Make this your first response – not only does it establish a paper trail of evidence, but it also gives you and your employer the opportunity to clear any misunderstandings.
Regardless of how you feel, keep your tone friendly and professional when communicating with your employer or HR department. I know this can be tough with such an emotional topic as your and your baby’s health, but imagine each and every word being read aloud in court.
Keep a record of your experiences. If you are mistreated based on your pregnancy, write it down as soon as possible. Make a note of what happened, what was said, and anyone present. Describe how the interaction made you feel – maybe hurt, mad, or embarrassed. Be honest, as this could be the number one piece of evidence you have to prove that the discrimination harmed you.
If you feel comfortable, share your experience of discrimination with a trusted friend, partner, or family member, as they may be able to testify for you. Again, focus on how it made you feel.
Log meaningful discussions to build up a paper trail that tracks your efforts to resolve the issue with your employer. If you spoke in person or over the phone, send a follow-up email detailing the key points of the discussion.

Professional help when you need it most

Discrimination in the workplace is never acceptable, but throw the stress of starting or adding to your family into the mix, and it becomes even more upsetting. With more than 25 years of experience in employment litigation, we have the expertise and drive to help you achieve the best possible outcome.

Get in touch today, and let’s discuss your experience and explore your next steps.

What to Do if You Experience Disability Discrimination in the Workplace

Tue, 17 Aug 2021 16:36:09 GMT

What to Do if You Experience Disability Discrimination in the Workplace

Disabilities are a part of life that many families cope with, with one in four adults in the United States lives with a disability, totaling 61 million individuals. Homes, schedules, businesses, schools can all be adapted to make living with a disability almost seamless. But sometimes, the workplace is where problems are the hardest to solve .

California workers with disabilities in are protected against on-the-job discrimination under the federal Americans with Disabilities Act (ADA) and the state Fair Employment and Housing Act (FEHA).

Workplace discrimination is upsetting and challenging. But equipped with the facts and with an experienced and dedicated lawyer by your side, you can fight against unfair, unethical, and unlawful behaviors.

Laws that protect you against discrimination

The Americans with Disabilities Act of 1990

The ADA is a federal law that gives clear and enforceable standards to address disability discrimination in the workplace. The legislation states that employers with 15 or more employees cannot discriminate against individuals with disabilities who can accomplish core functions of a job with or without aid.

The Fair Employment and Housing Act of 1959

Put simply, FEHA is California’s ADA, but with a little more protection for the worker. It aims to give employees actionable solutions while preventing discrimination. Under the FEHA, it is illegal for employers with five or more employees to discriminate against workers because of physical and mental disabilities, genetic information, or medical conditions.

Who is protected under the ADA and FEHA?

Employees and job applicants are protected against workplace discrimination. Independent contractors also have rights against disability-related harassment.

Employee protection

You are an employee if you work under the direction of an employer as a core part of their business. You must have a paid employment agreement, which can be written or implied. Volunteers are not protected against discrimination. You must also be able to perform the job's essential duties, either with or without reasonable accommodations.

Anti-discrimination laws protect job applicants, too. If an employer refuses to hire you or treats you differently from similarly qualified applicants because you live with a disability, they are acting unlawfully.

Independent contractor protection

If you are an independent contractor, you are not considered an employee. However, that doesn’t mean you don’t have rights – interactions between yourself, your employer, and any colleagues or employees must be free from harassment or mistreatment based on your disability.

What does disability discrimination look like?

As an employee in California, you are protected against several types of discrimination. These include:

Not being hired because of your disability
Not being able to participate in training programs because of your disability
Not having access to privileges or benefits offered by your employer because of your disability
Being paid less based on your disability and no other factors
Being denied promotion because of your disability
Being fired based on your disability

If you require adjustments in how you do your job or the space you do it to perform essential tasks, your employer must make those adjustments unless doing so would cause them significant hardship. This is called the duty to accommodate, and it comes into play from the moment your employer learns about your disability.

Depending on your disability, role, and workplace, the reasonable accommodations you require to perform essential tasks will be unique to you. However, keep the following factors in mind:

Your accommodations must be ‘reasonable.’ What is reasonable is often a point of friction between an employer and employee. Allowing you to sit in a chair when your job doesn’t require you to stand would generally be reasonable, or instance. Redesigning your workplace with a new desk, customized ergonomic chair, and new lighting might be, or it might not be, depending on many factors, including your job duties and your employer’s business costs.
If you need accommodations, your employer must ask you what, specifically, you require and to negotiate in good faith toward a resolution. They aren’t, however, obligated to choose the accommodations you prefer.

The above is just the tip of the iceberg. Disability discrimination is extremely personalized and differs from case to case. If you would like to chat about your experience, please don’t hesitate to reach out to me.

How should you respond to workplace disability discrimination?

Disability discrimination can be hurtful. Here are several steps you can take to remedy the situation:
Notify your employer or the HR department of your experience with discrimination. This is an important step, as your workplace may not be aware of your disability, your needs, or their legal responsibilities. In this case, they could be willing to resolve the problem without any additional troubles.
If your employer is unwilling to work with you toward a resolution, you can file a formal complaint with a government agency. You must do this before taking legal action.
File a disability discrimination claim within 300 days of the offending event with the Equal Employment Opportunity Commission (EEOC), or within one year, generally, if filing with the California Department of Fair Employment and Housing . This step paves the way for a potential lawsuit. At this point, contact a lawyer.
File a lawsuit. If you decide to sue your employer, work with an attorney with experience in employment law. I can advise you on what actions to take, advocate on your behalf, and provide no-nonsense advice on the winnability of your case.

How to protect yourself

If you have a disability, you can protect yourself against discrimination with the following useful tips:

Notify your employer of your disability in writing, whether by email, text message, or a physical letter, if you are comfortable doing so. This helps eliminate any confusion or misunderstandings relating to your disability and the potential need for accommodations, and may be the only proof that your employer was aware of your condition.
Understand your burden of proof. In plain language, the burden of proof is your requirement to show evidence of discrimination. If you don’t have evidence, your likelihood of winning a case against your employer is very slim.
When contacting your employer, supervisor, Human Resources (HR) department, or fellow employees, ensure your tone remains cordial and professional—imagine every message being read out loud by a judge in open court and use a proper tone.
If your employer discriminates against you based on your disability, contact a lawyer for advice.
If you experience discrimination, write down what happened, who was present, where it happened, and what was said or done. Be sure to include the date. Note how it made you feel—embarrassed, ashamed, angry, afraid… be honest, because this may be the only proof that you were caused harm by the discrimination. If you can, talk through your experience with a trusted friend or family member. That way, they may be able to testify on your behalf.
Keep a record of important discussions. Send a follow-up email that breaks down the key points if you speak over the phone or in person. This “paper trail” shows how you tried to resolve the problem and how your employer responded.

Get a trusted advisor on your side

No one should have to experience discrimination in the workplace. The good news is, you are protected. So, if your employer is mistreating you because of your disability, or if you have been refused a job opportunity based on your disability, contact an employment lawyer today.

With more than 25 years of experience in employment litigation, I have the expertise needed to help you achieve your desired outcome. I’ll stand by your side and advocate on your behalf every step of the way. My goal is to make an unpleasant situation as stress-free as possible, so get in touch and let’s discuss your case

Unpaid Wages: Your Rights and What to Do Next

Tue, 17 Aug 2021 16:32:07 GMT

Unpaid Wages: Your Rights and What to Do Next

Did your employer fail to pay your wages after you quit? Do they force you to work “off the clock,” coming in early or staying late without paying overtime? Do you have unused vacation time that you can’t take off, but your boss refuses to pay?

You gave your time, you did the work… you are entitled to every bit of the compensation you worked to earn.

Employers are legally obligated to pay their employee’s wages in full and on time. In California, if you are not paid all of your earnings, or you’re paid late, you are protected by labor laws. Your right to payment stands regardless of your birthplace or legal immigration status.

In this article, I’ll explain the fundamentals of unpaid wages so that you can make an informed decision about your next course of action.

What counts as wages?

Under California law, wages are payment for labor– not just physical labor, but any work or services an employee performs.

Wages include the following types of compensation:

Fixed salaries
Hourly pay
Commission
Adhoc payments that change depending on the project or task
Guaranteed bonuses
Piece-rate payments
Benefits an employee is entitled to, such as clothing, sick pay, and vacation pay

When must your employer pay your wages?

In most cases, the employer and employee will agree to terms that specify when wages will be paid.

California law requires that certain standards apply regardless of any agreement. For example, most employees must be paid wages at least twice a month, and employers must make regular paydays known to employees. Salaried exempt employees can be paid once a month.

If you are not paid on a twice-monthly schedule, your employer is typically required to pay your wages no later than one week after your work period. These rules apply to both regular and overtime wages.

Ways employers underpay wages

Unpaid wage cases are not always as straightforward as missed paychecks. Sometimes, employers take a more subtle approach to underpayment:

Your employer asks you to arrive at work early to prepare for work. Or they require you to stay late to “clean up” after your shift is over and you’ve clocked out. They don’t pay you for this extra time.

Your employer takes small amounts of time off your timecards to reduce your pay.
Your employer fires you so that they don’t have to pay you the commission or bonus you are entitled to.
Your employer makes you work through your lunch break.
Your employer subtracts 30 minutes off your timecard, even though you only get 15 minutes to have lunch.
Your employer pays you cash-in-hand ‘under the table’ to avoid their legal obligations.

A common time that wages are illegally withheld is when you leave the job. Most employees have to receive everything they’re owed in a final paycheck immediately or within 72 hours, depending on whether they quit or are fired.

If you resign with at least 72 hours’ notice, your employer must pay your final wages on your last day of employment. If you give less than 72 hours’ notice, your employer must pay your final wages within 72 hours after your last day of work.
If your employer fires you, you must be paid your final wages (including the wages you earned on the day you were fired) on the day you were terminated. Some exceptions apply, so ask your trusted employment attorney.

Also, keep in mind that vacation pay is a form of wage. While not required under law, if your employer does offer paid vacations, they must pay you for any unused vacation time when you resign or are fired.

What should you do when your employer fails to pay you?

First, you should contact your employer and demand to get paid all outstanding, unpaid wages, fringe benefits, and other cash compensation you’re owed. If they refuse to pay all or any part of it, ask why-- your employer’s intention is a crucial fact in whether they will owe you penalties for failing to pay in a timely way. For example, did they deliberately fail to pay you, knowing that you were owed the money but delaying without any legitimate reason? Or do they have a legitimate and fair defense? They might have reason to believe they don’t actually owe you the money, for example after you’ve made a sale for which they owe you a commission, but the buyer hasn’t paid for it yet.

If they claim they failed to pay you because of a legitimate question about the law, this is called a good-faith dispute

If they have no legitimate cause to withhold your pay, they owe you one day’s pay at your regular rate for every day they fail to pay you, up to 30 days. Only a judge can decide if the dispute is really a matter of good faith.

If your employer deliberately failed to pay you, you could pursue compensation in one of several ways:

You can attempt to resolve the dispute directly with your employer, with or without a lawyer negotiating on your behalf. If you take this course of action, read my tips on protecting yourself below.

You can file a lawsuit.

You can file a wage claim with the US Department of Labor.

You can file a wage claim with California’s Division of Labor Standards Enforcement

Resolving the dispute directly with your employer can be the quickest and easiest solution. However, if your employer refuses to come to an agreement, you may benefit from filing a lawsuit or claim.

How to protect yourself

If you are planning to quit your job or your employer has fired you, protect yourself with the following useful tips:

If you are ready to quit your job, contact a lawyer before submitting your resignation. If you resign, you may lose vital legal rights and remedies. A lawyer can advise you of your legal entitlements and flag any risks specific to your situation.
Keep your tone professional and clear when writing to your employer, supervisor, or the Human Resources (HR) department. Don’t make it personal or make accusations—imagine a judge reading your letters and emails out loud in crowded courtroom.
If you have important discussions face-to-face with supervisors and HR, you may want to ask their permission to record the conversations. Never record workplace conversations without consent. This is illegal and cannot be used to support your claim.
If the conversation happens by phone, send a follow-up email detailing key points. The email may be the only evidence of what was said.
If your employer behaves in an unlawful and extremely upsetting way, share your experience and feelings with a trusted friend, family member, or partner. If you later file a lawsuit, they may be able to recall the conversation and testify.
Where appropriate, voice your concerns about your employer’s unlawful behavior.

Seek professional guidance

California law provides employees with a wealth of rights. If your employer refuses to pay your wages, contact me today and put a qualified employment lawyer on your team to help you get what you’ve earned .

I have over 25 years of experience in employment litigation, and this is my promise to you: I will fight to protect your rights and work to resolve your unpaid wage dispute, and keeping you informed in plain English every step of the way. I’m here to make your life easier, so contact me today and let’s chat.

Age Discrimination In The Workplace: What To Look For When You Think You Might Have A Case

Thu, 15 Jul 2021 16:28:30 GMT

Discrimination has a long and dark history in the United States, the word often conjuring up horrible memories of racial discriminatory practices that were once commonplace in the country and some which still sadly exist today. But while race is the most widely recognized form of discrimination, it’s not the only one that a person may face in the workplace. Ageism is another common form of discrimination that has crept up in many workplaces, and it is both illegal and unacceptable.

Why Might An Employer Discriminate Based On Age?

There are several reasons why an employer may practice age discrimination. Some of them are more crass than others, but all are worth calling out, and in many cases even challenging legally in court. We want to take a look at a few of the reasons why employers have been known to discriminate based on age to help make more sense of what is happening.

Stereotypes

Stereotypes exist about race, gender, sexuality, political and religious group, and even age. Those stereotypes often interfere with genuine judgments about a person, and they are frequently misguided and misleading. One stereotype that exists about older workers is that they are less productive and slower moving than their younger counterparts. Those workers, whether seniors or just older than most of the staff in their workplace, may be considered over-the-hill and out of touch, and therefore unable to keep up physically and mentally. This stereotype has existed for so long that it has started to become self-fulfilling, says theladders.com :

Unfortunately, these preconceived notions about older workers often turn out to be a needless self-fulfilling prophecy, according to a new set of research just released by the University of Basel in Switzerland. Essentially, many older workers end up believing these cultural stereotypes about themselves even when they aren't true, inevitably leading to an entirely avoidable decline in one's quality of work and social distance from co-workers.

A belief that becomes so ingrained in the psychology of workers surely can't be helpful to cultivating a pleasant work environment for all. Ironically, employers who discriminate based on age are helping to fulfill the very narrative that they are creating about these workers.

Benefit Avoidance

Employers constantly monitor their budgets and bottom lines. They are worried about spending money unnecessarily or not hitting profitability targets they have laid out for themselves at the beginning of the year. Thus, many employers believe that they have no choice other than to cut labor costs to the bone.

One of the costs that consumes an increasing amount of corporate budgets is health insurance benefits. Such benefits get more expensive by the year as the healthcare system in the United States continues to spiral out of control in terms of fees. Employers frequently assume their more senior aged staff are consuming too large of a portion of the health insurance budget and try to cut those people loose (or avoid hiring them in the first place). This is a textbook example of age discrimination in the workplace.

A Preference For A Younger Age Demographic

Among the most egregious reasons why employers might avoid hiring older people is simply the fact that they just do not care to be around more advanced aged workers. Youth is highly valued in our society, and some employers are upfront about their preference to hire people who are younger. They rarely outright say that they will only hire younger workers, but there are often keywords and phrases that employers use to tip their hat that they are interested only in hiring younger workers. This feels like a slap in the face to those who are more experienced and qualified for the position, but are left out of these job opportunities, and it is another way that discrimination rears its ugly head.

Signs That You May Need To Take Legal Action

Most people don’t like the idea of taking legal action over nearly anything. Many are conditioned to believe that the only people who file lawsuits are those looking for an easy payday to avoid having to do real work for their money. That is not the case, since hitting someone in the wallet is often the only way to punish their bad behavior. It is important to recognize the signs that you may be the victim of age discrimination and should take action to correct this mistreatment.

Unpleasant Job Assignments

Have you recently been assigned to undesirable tasks at work on a repeated basis without any real explanation? This could simply be a short-term coincidence, but if it has become a pattern, then something else may be afoot. The American Association of Retired Persons (AARP) advocates for the 50-and-older age group in America and has this to say about job reassignments:

Job reassignment can be the clearest sign that they're trying to replace you or get you to quit, advises Suzanne Lucas, a human resources expert who blogs about the workplace at EvilHRLady.org. How to avoid this? "As you get older, what you need to be careful about is to be continually growing and improving on the job," she says. It is not as though someone should run to a lawyer at the first moment they are given a job task that they do not like. However, there are certainly circumstances in which being assigned particular assignments could be discriminatory.

Crude "Jokes" Made About Your Age

Jokes and humor are a natural part of most workplaces, but it is important to recognize when that humor goes too far. There is no reason why a joke should be made about a characteristic that a person is unable to change about themselves such as their age, race, gender, or sexuality. These types of jokes are inappropriate in the workplace and can be highly discriminatory and harmful. It is important to note when these instances occur so that they may be presented in court as evidence of age discrimination.

You Receive Unfavorable Reviews Without Warrant

Employees sometimes first notice that something is amiss when they begin to receive unfavorable annual reviews from their employer after having never had any issues in the past. If there is no legitimate reason to question or criticize your performance over the last year, then your employer may simply be looking for—or creating—a pretense to dismiss you. This is precisely the moment that you need to contact an attorney.

We are here to serve you and ensure that you are not discriminated against by your employer. Everyone deserves to be treated equally in the workplace and be given the same opportunities as any other qualified candidate. If that is not happening, then you should contact us for advice on the next steps to take to make things right again.

How to Respond to Workplace Sexual Harassment

Thu, 15 Jul 2021 16:27:52 GMT

How an employment lawyer can help you claim damages for age discrimination

As heartbreaking as it may sound, every 73 seconds, an American faces sexual harassment in their workplace. That's sex discrimination, and it's strongly condemned across the country and forbidden by law. It's categorized as a violation of human rights , yet it is the most underreported case.

Sexual harassment assumes different forms such as sexual advances, lewd remarks, unwelcome requests for sexual favors, “quid pro quo” demands for sex in exchange for job benefits, unwanted touching, and other physical or verbal harassment. Even offensive remarks about an individual'

What to Do in Case of Workplace Sexual Harassment

If you've experienced sexual harassment in your workplace in Los Angeles or elsewhere in California and are wondering whom to report to, I can help you. I'm David Mallen of Employee Law Group in Los Angeles.

For several years I have helped workplace sexual harassment victims to find justice. I do everything legally possible to ensure the victims are fairly compensated - a move that discourages harassment cases.

Why Workplace Sexual Harassment Victims Fail to Report

Workplace sexual harassment is a major problem, especially for women. Over 75% of women I have interacted with have experienced some form of harassment in their workplace. Among them, only 10% reported. After probing why they didn't report, most cited fear of retaliation and the workplace culture that normalizes sexual harassment, among other reasons.

Fear of Retaliation

It's unfortunate, but fear of retaliation is the leading cause for not reporting sexual harassment. Victims who complain often face hostility and retaliation for reporting their harassers. For example, a lady I spoke to was sexually harassed by a co-worker. As a result, she requested the manager to move her to a different department, and the request was disapproved. A few days later, she was written up for an unimportant reason. This kind of retaliation sends a clear message to the victim that she puts herself in jeopardy if she keeps complaining. And this is just one among many similar cases.

Masculine Culture

Although a lot has been done to improve gender equality, the hard truth is that the masculine culture still prevails in many workplaces. Some men show their masculinity by harassing women coworkers sexually. In such an environment, the victim usually suffers in silence because sexual harassment seems normal, and being the lone complainer is likely to lead to isolation and loneliness at work. Sadly, some women have also adopted this trend and are harassing men sexually to fit in with the “status quo.”

Bystander Effect

Sexual harassment can happen in many different environments and situation, but I mainly focus on the workplace. The harasser can belong to any gender and may even be friendly or closely related to the victim. Furthermore, it could be the Chief Executive Officer, direct or indirect supervisor, a co-worker, or a subordinate.

Below are some forms of sexual harassment:

Unwelcomed request for sexual favors
Physical contact and touching without consent
Sexually humiliating someone
Being pressured to engage in a sexual relationship
Sending unwanted sexual messages
Exposing one performing sexual acts
Verbal harassment
Setting sexual-based conditions for employment, promotions, or benefits

How Is Sexual Harassment Different From Sexual Assault?

Generally, sexual harassment is unwelcome physical or verbal sexual attention, while sexual assault refers to forced sexual contact or behavior. It may involve forcefully penetrating the victim's body (rape), attempted rape, groping or rubbing against the victim, and any other unwanted sexual touching. Keep in mind that both harassment and assault are legally unacceptable and should be reported immediately.

What Are the Effects of Workplace Sexual Harassment?

Workplace sexual harassment can have severe consequences for the victim, affecting their physical, mental, and emotional health.

In some cases, workplace harassment leads to job loss. For example, if the manager or someone superior asked for sexual favors from an employee, the victim stands the chance of losing their job if they do not give in. In another example, sexual demands or demeaning comments from a colleague create tension leading to a hostile work environment. If the victim feels they have been pushed too far can no longer take the pressure, they can quit the job and lose their income.

Some employees who experience sexual harassment may develop physical, emotional, and mental health problems. For instance, 90-95% of the victims report suffering from depression, anxiety, headaches, nausea, weight loss, and low self-esteem. Some also experience sexual dysfunction.

Sexual harassment lowers productivity and affects business. Therefore, it is crucial to report the offense to prevent similar cases from occurring.

How Is Sexual Harassment Different From Sexual Assault?

Get Reasonable Compensation

As a victim, you stand a chance to recover a wide range of damages, such as compensation for lost wages and benefits, punitive damages, and emotional distress damages. But you can’t collect any of that you’re owed if you remain silent.

The worst part is that you'll continue to grieve silently. Talking to a qualified professional employment lawyer is the first step towards healing. Also, if you speak out, you could prevent sexual harasser from victimizing others.

Understand Your Rights

Once you call me, I evaluate your case, and I explain your legal rights to ensure that you are well-informed.

Get Legal Guidance

If you are a victim of sexual harassment in your workplace, you must inform the Human Resource Manager or the administrator. But that only applies if the culprit is a fellow employee. If it's the manager, I can guide you on where else to report the matter. Also, we review your case together and give you a clearer idea of what to say to the manager once you approach them.

Protect Yourself

If sexual harassment is not controlled, it could escalate to far more dangerous acts, such as sexual assault. Engaging an employment lawyer helps in the following ways:

Document the harassment and inform your employer
Offer insight on how to deal with the offender if they are tenacious
Protect you from retaliation
Support you during an investigation; after you've reported the case to your employer, the law requires your employer to investigate the matter. During this time, you need an employment lawyer to ensure that your employer investigates per the law
Discuss Filing Civil or Criminal Charges; as a skilled employment lawyer, I will inform you of the legal step to take to challenge workplace sexual harassment. I also help you weigh the advantages and disadvantages of suing the management if you’re dissatisfied with their response to your complaint, and also the possibility of filing a police report if the harasser has violated criminal law.

Can You Really Help?

I'm highly committed to representing victims of workplace sexual harassment to ensure they are well-compensated for the damage done to them. I also ensure that the perpetrators are held accountable.

Reach out to me for a free consultation.