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Employment and Labor Law

Employment law covers a complex network of laws that control how employers must treat employees, former employees, and applicants for employment. We have significant experience in interpreting and construing state and federal statutes and case law in areas such as race, national origin, age, and sex discrimination, sexual harassment, disability law, affirmative action, employee benefits, whistleblower litigation, defamation, wrongful discharge, employment contracts, The Age Discrimination in Employment Act (ADEA), the Americans With Disabilities Act (ADA) and the Family Medical Leave Act (FMLA).

Wage And Hour Law

We advise and represent clients in disputes arising under the Fair Labor Standards Act (FLSA), and the California Labor Code and related state laws. We emphasize litigation that involves violations of California overtime laws involving misclassification of employees (e.g. classifying an employee as a manager and paying a salary instead of paying the employee for hours worked and overtime wages due). We have successfully litigated class action lawsuits involving statewide and national corporations in violation of California’s wage and hour overtime laws. We also advise management regarding legal requirements and compliance with these laws, provide advice and representation during compliance audits or enforcement proceedings, and aggressively handle both employer and employee lawsuits.

Overtime Pay Claims

In California, overtime compensation must be paid to to non-exempt employees who work more than 8 hours during any workday, or more than 40 hours during any workweek.  California law further provides that for all hours worked in excess of eight hours, up to and including 12 hours during a single workday, or for the first eight hours worked on the seventh consecutive day of work, the employee shall be paid  1 1/2 times his or her regular rate of pay.  For any time he or she works in excess of 12 hours during a single workday, or for any time worked in excess of 8 hours on the seventh consecutive day of work during a workweek, an employee must be paid double their regular rate of pay.

You may also be entitled to overtime pay if you have been misclassified as a manager, or you are receiving a “salary” when you are really an hourly employee under the law.

Meal and Rest Breaks

If you are not being paid for “wait time” or for mandatory break periods [meal and rest periods], you may also qualify for overtime benefits and a civil penalty all payable by your employer. California law requires all employers to provide proper compensation to their employees, and to provide meal and rest breaks.  If an employer violates any of these obligations, it has committed what is generally referred to as a “wage and hour” violation.  Our firm represents employees in a variety of wage and hour matters, including overtime pay violations and meal break / lunch break and rest period violations.

Unpaid Vacation &  Bonus Pay Claims

Vacation benefits and bonuses are other areas frequently misapplied by employers entitling you to payment for those unpaid benefits. Sick leave and disability leave are benefits that employers also mistakenly fail to recognize entitling employees denied these leaves of absence to monetary compensation.

Discrimination Claims: Sex Age Race Pregnancy Physical Disability

If you’ve been fired without cause, and you are in a protected class of person under California law there may be a legal remedy for you. For example, an employee who is terminated because of her pregnancy, race, age or physical disability is in a protected class and is entitled to maintain an action against her employer for wrongful discharge in contravention of public policy, and for a violation of  the Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.), if the employer regularly employs five or more persons. Pregnancy discrimination is also a form of sex discrimination, and as such it is prohibited not only by the FEHA, but also by the Cal. Const., art. I, § 8, which expresses a fundamental public policy against sex discrimination in employment. And, Federal Law Title VII also prohibits pregnancy discrimination (42 U.S.C. § 2000e(k)).

Attorneys Fees Paid by Employer

Best of all, your attorney’s fees must be paid by the employer under California law so there is no charge to you for making a claim for the monies due you. Contact our office today for information about these benefits so that we may provide you with a FREE CONSULTATION to determine what your rights are.

Wrongful Termination

If you’ve been fired without cause, and you have been employed under a written contract, or an unwritten contract that is “implied” due to the length of your employement, you may have the right to sue your employer for back pay or reinstatement. Contact us today to discuss your rights under California’s generous employment laws and see if there is a legal remedy for your situation.

Offices In Newport Beach and Los Angeles and Servicing All of Southern California

Contact us today at (800) 440-3554