Employment law refers to a comprehensive set of laws that govern the relationship between employees and employers, from pay rates and hours worked, to workplace safety procedures. It encompasses everything from wages and benefits packages, to workplace harassment incidents.
No matter if you’re a new employee or an experienced one, it is essential to understand your rights and how to defend them. An employment attorney in Los Angeles can guide you through these laws and determine whether they apply to your case, but otherwise read on for more info.
As stated previously, employment law is a set of laws that govern the relationship between an employer and employee which covers matters such as pay scales, hours worked, workplace atmosphere, hiring practices, training requirements, dismissals/discrimination policies and more.
Most employees appreciate having employment agreements in place because it clarifies their rights and responsibilities. , it provides them with the option to amend their at-will status in case of termination due to discrimination or pregnancy-related reasons.
Employers should only utilize contracts that comply with legal standards. This requires them to have a comprehensive job description, outline all terms of employment, and be in writing. In case an employer violates an agreement, employees can take legal action to recover compensation for lost wages.
The contract should include state-specific wage information, such as minimum wage requirements and overtime rates. , it should define how disputes will be settled – typically through arbitration – to ensure fair resolution.
Some employers may violate state and federal wage and hour laws by paying workers less than minimum wage or forgoing mandatory lunch or rest breaks. If you believe you have been victimized by an employer who is breaking these rules, contact a lawyer specializing in employment law to explore your options.
Many employers require employees to sign non-compete or non-solicitation clauses. These are intended to prevent employees from working for a competitor or using information acquired during employment with one company to attract customers or coworkers to another business (https://www.ftc.gov/news-events/news/press-releases/2023/01/ftc-proposes-rule-ban-noncompete-clauses-which-hurt-workers-harm-competition). Under California law, most such clauses are unenforceable. However, there are exceptions to this rule.
To prevent violations of employment laws, read your contract carefully and ask your employer questions about their policies. If you spot any unjust provisions, take action against them by consulting a qualified attorney to fight for true fair employment practices.
When searching for an attorney, look for one with experience in employment law and that has won cases before. You can do this by checking reviews and testimonials about the firm.
Wage and Hour Laws
Unfortunately, many employers fail to abide by the laws put in place for worker protection and pay equity. This can have disastrous results such as lower wages, fewer benefits, diminished health conditions, and diminished working conditions.
If you are employed in Los Angeles and believe your employer is breaking wage and hour laws, consulting an experienced attorney about your rights is recommended. Doing so will give you a better understanding of your options, enabling you to make an informed decision regarding how best to proceed.
One of the most frequent wage and hour violations in California involves not paying overtime to employees who work more than 40 hours a week. Non-exempt employees (which you can learn about here) should receive 1.5 times their regular rate for all time worked above 8 hours daily or 40 hours weekly; additionally, they may also be entitled to extra pay on the seventh day of a workweek.
California’s overtime law is more stringent than other states, giving employees who aren’t paid for time worked the opportunity to sue their employer for damages. They can recover back wages, payment of any unlawfully withheld sick leave days, trebled damages for willful violations and penalties.
Other common wage and hour violations include improper deductions, failure to provide employees with rest breaks or meal periods, and failing to pay for travel time. If you have any doubts about receiving your wages due you, reach out today to a knowledgeable Los Angeles wage and hour lawyer at King & Siegel LLP for a consultation.
In Los Angeles, several local ordinances regulate employment practices. These laws often supersede federal labor regulations and aim to shield employees from unfair workplace practices.
If your employer is breaking local wage and hour laws, it’s essential that you file a complaint immediately. Doing so will help ensure your case moves forward quickly and give you the justice that is owed to you.
Employment law is the legal framework that safeguards workers, their rights and interests. It addresses issues like discrimination, harassment and wage theft. Employees can file complaints with state or federal agencies to report discrimination, workplace violations and other workplace harms they experience at work.
In 2018, the California Department of Fair Employment and Housing received 27,840 complaints about discrimination in the workplace. Common forms of discrimination included race, age, sexual orientation and disability.
Discrimination in the workplace can lead to adverse hiring decisions or wrongful termination. Filing a discrimination lawsuit may provide victims with damages for lost wages, retaliation, emotional distress and other harm caused by their employer’s misconduct.
Another form of discrimination is sexual harassment. This can take the form of unwanted advances, inappropriate sexual email/text messages or requests for sexual favors as well as comments, slurs or jokes directed at an employee.
Employers are prohibited from retaliating against employees who report unlawful behavior. This means they cannot demote or terminate an employee based on their complaints of harassment, discrimination, or any other illegal activity.
If you believe your employer has retaliated against you for reporting an illegal practice or being a whistleblower, you can seek damages by filing a retaliation claim with the labor board. Usually, either a hearing officer or judge will decide your case.
After the hearing, the hearing officer or judge will send a decision–called an ODA–to both parties within 15 days of the trial. These parties then have 15 days to appeal the decision to superior court and must pay all applicable filing fees.
Los Angeles is home to an expansive working population that is safeguarded by various state laws against discrimination, unfair employment practices and wrongful termination.
Wrongful termination can be a life-altering event for an employee, especially when done under unfair conditions. It causes immense stress, loss of income and emotional turmoil to the affected individual.
Getting fired affects all types of people. If you believe you have a valid wrongful termination claim, contact an experienced Los Angeles employment lawyer immediately. They can guide you through the process, explain your legal rights and suggest potential avenues for securing compensation.
A Los Angeles wrongful termination attorney can assist you in filing a claim for the damages caused by being wrongfully terminated, such as lost wages, court fees, emotional trauma and other associated costs.
The most frequent form of wrongful termination is one caused by discrimination or retaliation by your employer. This includes sexual harassment, discrimination based on disability, medical condition or age, as well as any other illegal conduct by them.
Retaliation for reporting or complaining about workplace abuse is also prohibited under California Human Rights Code and can amount to wrongful termination. An example of wrongful termination would be if you were fired due to seeking reasonable accommodations or time off work due to a medical or family condition, pregnancy, or your age.
A wrongful termination case can also be filed when your employer violates federal or state laws, such as those protecting political activities and speech such as the FEHA (https://en.wikipedia.org/wiki/California_Fair_Employment_and_Housing_Act_of_1959) and California labor law.
Another form of wrongful termination is character assassination, in which an employer makes false allegations about an employee to justify firing them. This can constitute a breach of public policy as well as of good faith and fair dealing.
Proving that you were wrongfully terminated can be a challenging legal matter, so having an experienced wrongful termination attorney in Los Angeles on your side to fight for justice will be essential.