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California employees benefit from arguably the most protective labor laws in the country. Federal and state expansion of employment laws have unequivocally advanced employees’ rights. Yet, some employers continue to infringe upon employees’ legal rights, commonly violating labor regulations regarding minimum wage, benefits, and discrimination. California employees violated by employers can preserve the rights afforded to them through an employment lawsuit. When dealing with matters as compulsory as employment rights, it’s important to hire a lawyer that you feel comfortable with. Although every attorney in Her Lawyer’s network handles cases with confidence, expertise, and discretion, our team will connect you with the right lawyer for your individualized needs and preferences. If you prefer a woman lawyer, contact Her Lawyer to get in touch with one of our female employment attorneys.
California employees are offered certain protections under the California Labor Code, including minimum wage, meal and rest breaks, overtime pay, privacy, and paid leave.
Employee Rights And Representation
A wrongful termination lawsuit is a legal case in which an employee claims that he/she was laid off or fired for illegitimate, improper, or illegal reasons. A successful wrongful termination lawsuit usually entails an employer violation of federal, state, or local labor laws.
Employees who have been wrongfully terminated may be entitled to financial compensation. Our employment attorneys carry vast experience in wrongful termination cases and will protect your legal rights. If you feel more comfortable with a woman lawyer, Her Lawyer can connect you with one of our female employment attorneys.
Employment discrimination is legally defined as an employer’s unfair treatment of employees on the basis of sex, gender, race, nationality, or religion. On both federal and state levels, employment discrimination is deemed illegal. Typical forms of employment discrimination are unequal pay, wrongful termination, and harassment, among others. The Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964 bar unfair treatment workers on the basis of sex.
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If your employer has discriminated against you, you may be entitled to compensation. Her Lawyer is especially attuned to the unique needs of women in the workplace. If you are a woman and have faced discrimination by your employer, contact us to get in touch with one of our employment attorneys. You may be entitled to financial compensation for your difficulty. If you feel more comfortable with a woman lawyer, Her Lawyer can connect you with one of our female employment attorneys.
Workplace sexual harassment often includes verbal o physical harassment, requests of sexual favors, or unwelcomed sexual advances. It is illegal to harass an employee or job applicant on the basis of their sex. Although sexual harassment is often sexual in nature, derogatory comments about a person’s sex can be deemed as sexual harassment as well.
In order to have grounds to sue for verbal sexual harassment, one’s derogatory comments must have been persistent and serious enough to create a hostile or unsafe work environment. Infrequent offhand comments usually cannot be considered sexual harassment if they were simply awkward in nature.
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If the acts of workplace sexual harassment were persistent and severe, you may have grounds to sue your employer. When dealing with matters as sensitive as sexual harassment, its imperative to hire an attorney that you feel comfortable with. Although every attorney in our network approaches cases with confidence and discretion, we will prioritize your needs and preferences. If you prefer to be represented by a woman lawyer, contact Her Lawyer to get in touch with one of our female employment attorneys.
Some employers punish employees for exercising their rights protected by federal and state laws. Some employers often illegal retaliate against employees that:
The California hourly minimum wage is $11 for employers with 25 or fewer employees and $12 for employers with 26 or more employees. However, employees that work more than 8 hours per day are entitled to overtime pay, which is 1.5x the employee’s normal wage. Independent contractors are exempt from California’s minimum wage laws.
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California labor law states that for every 5 hours worked, employees are entitled to one paid 30-minute meal break. Employees who work 5 or more hours per day are entitled to a 30-minute meal break; employees who work 10 or more hours per day are entitled to two 30-minute meal breaks. Moreover, workers that work less than 5 hours per day are not entitled to meal breaks.
The California Labor Code also affirms that employees are entitled to paid 10-minute rest breaks for every 4 hours worked. Employees that work less than 4 hours per day are not entitled to rest breaks.
California employees can sue their employers for denied meal and rest breaks. Under California law, employees are entitled to one hour’s pay for every meal or rest break denied. For example, if your employer denied you 100 breaks and you make $25 an hour, your employer may owe you $2, 500. If your employer has denied your meal and rest breaks, contact Her Lawyer to get in touch with one of our employment lawyers. If you prefer female representation, we can connect you with one of our female employment attorneys.
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An independent contractor is legally defined as a worker that provides work or services for another individual or entity but controls how services are performed.
In California, any individual that provides service for another individual or entity is assumed as an employee. Under the ABC test, an employer must prove that the worker meets each of the three requirements necessary to be considered an independent contractor:
Independent contractors are not covered under certain California labor laws. California Labor Code excludes independent contractors from legal protections such as minimum wage, meal and rest breaks, overtime pay, and regulated working conditions.
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However, California law allows workers misclassified as independent contractors to seek financial compensation from hirers through a wage and hour lawsuit. In a wage and hour lawsuit, an employee may seek compensation for:
Even if a worker willingly signs a contract stating that he or she is an independent contractor, he or she may still be classified as an employee under the law.
If the worker is an employee, the employer must pay certain benefits and taxes and also adhere to California employment laws regarding wages, hours, working conditions, etc. Independent contractors are not protected by certain aspects of the California Labor Code, including minimum wage, meal and rest breaks, and overtime pay.
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Wrongful termination usually entails that the reason for termination was discriminatory, a breach of contract, or in retaliation. An employee can be considered wrongfully terminated by a California court if the termination:
To find out whether you have a wrongful termination case, contact Her Lawyer and get in touch with one of our employment lawyers.
No, in most cases your employer does not need to give a reason for your termination. Most employees are employed at will, meaning that their employer can fire them for any reason, as long as the reason is not discriminatory. Nonetheless, there are some reasons that employers are prohibited from using when firing employees.
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Under the Fair Labor Standards Act, your employer does not need to give notice of termination before firing you unless specifically stated in your contract.
Yes, California labor laws allow employees to file wrongful termination lawsuits against their employers. Wrongful termination lawsuits are typically successful when the employee was fired:
Under the Whistleblower Protection Act, employees cannot be fired for reporting employer misconduct. Employees are legally protected from employer retaliation for reporting misconduct.
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Yes, you can sue your employer for sexual harassment if the harassment was “severe or pervasive”. However, you should take certain steps to stop the harassment, for your own sake, and to strengthen your case before litigation.
Yes, employers that are discriminated against on the basis of their sex or gender can sue their employer for discrimination. Typically, an employee must file a claim with the Equal Employment Opportunity Commission before filing a lawsuit against the employer.
No, you cannot be fired for suing your employer in good faith. Employers know that firing an employee who filed a lawsuit is usually considered retaliation, and illegal.
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It may be illegal for your employer to enforce a female dress code that is discriminatory towards women. For example, it is illegal for an employer to enforce a business dress code that forces women to wear short skirts. However, a reasonable dress code for both sexes is common and legal.
Employees often misconstrue and underestimate the rights afforded to them by the California Labor Code. California workers hold some of the strongest labor rights in the nation; it is important that they are exercised. Some employers often violate employees’ rights and may face legal consequences for doing so. Her Lawyer’s specialized employment lawyers can help you navigate through California’s complex labor laws in pursuit of justice. Your employment attorney
We understand that no employment case is the same; every circumstance requires its own set
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